FTC's <i>Wyndham</i> Ruling Raises Data Security and Privacy Issues for Franchisors
In a ruling delivered April 7, a federal judge in New Jersey handed the Federal Trade Commission (FTC) a resounding victory in the first round of an ongoing court battle regarding its authority as the primary regulator of issues related to consumer data security and privacy in the United States.
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Proactive Trust Planning to Protect Your Clients
The IRS and the Obama administration have taken a less-than-favorable view of some modern trust-planning techniques. Practitioners need to be aware of these risks so that they can encourage clients to act quickly when advisable.
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Longer Medical Leave?
It's a mistaken assumption that if an employee has exhausted all his or her time under the Family and Medical Leave Act, he or she is not entitled to additional leave under the Americans with Disabilities Act.
The State of U.S. Cybersecurity: Not So Good
Every day brings new national headlines about a cyberattack, an alarming trend. The latest iteration of an annual report shows that these growing concerns have not necessarily translated into developing and deploying the proper defensive capabilities.
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Practice Tip: Why Plan Administrators Reject QDROs
If there are many reasons that proposed QDROs are rejected, what are a few of the more common ones, and how can they be avoided? This Practice Tip provides some answers.
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Analyzing Child Custody Reports
This is the second installment of a four-part series offering a model for attorneys to use when faced with the task of deconstructing a forensic custody assessment.
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Managing Credit During and After Divorce
If your clients aren't careful to attend to their finances, they could wind up in a major credit hole with no easy way out. Here's how to help them.
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Causes of Action over Property Insurance Coverage
Rarely do lawyers have the benefit of a decision that is a primer on permissible causes of action arising from property insurance coverage disputes.<I>Kings Infiniti v. Zurich American Ins.</I> is one of those decisions.
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Proposed Class in Hulu Privacy Suit Needs Objective Data
With eye-popping damages at stake, a federal magistrate refused to allow consumer plaintiffs to move forward as a class with claims that Hulu violated their privacy by sharing the videos they viewed.
The Transgender Child
A look at gender dysphoria in "a growing cohort of children who, at ages as young as three or four, announce they do not accept ' the gender assigned to them at birth."
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›