Last month, the U.S. Court of Appeals for the Second Circuit ruled that use of the HathiTrust Digital Library for the purpose of search and accessibility each constitutes fair use.
The U.S. Court of Appeals for the Eighth Circuit has given the National Football League Players Association (NFLPA) an opening to revive its $3 billion lawsuit accusing league owners of colluding to place a secret salary cap on the 2010 season.
This article explores the application by a number of courts of the <I>Twombly</I> and <I>Iqbal</I> standards to no-injury cases involving breach of warranty claims.
Social networking sites have not only changed the way people interact and communicate, but also transformed the way business is done. And that includes the business of law.
Management Company Gets Preliminary Injunction to Block Use of Artist Name It Created<br>New York Federal Judge Sees No Substantial Similarity Between Plaintiff's Rap Song and Usher's R&B Song<br>Pennsylvania Federal Court Finds Songwriter Gave Usher Implied License
Joe Somebody wants to talk about his extranet solution and he is certain that if you will return this, his 17th call, you will be glad you did. How can you cope?
The creativity that law marketing professionals used especially in the area of marketing communications ' while remaining an invaluable characteristic ' has been usurped by the demand for stronger operational prowess.
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
