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Features

Partly Cloudy with a Chance of Sanctions Image

Partly Cloudy with a Chance of Sanctions

Jonathan Sablone & Robin E. Stewart

The legal industry always seems to be late in keeping up with ever-evolving business technology. The lag has little to do with the business of law, and everything to do with the restrictive ethics rules that govern all aspects of the practice. Like those of us practicing in the '90s, today's practitioners are grappling with the ethical uses of yet another technological advance which is being adopted across the business world: The Cloud.

Features

<i>Lenz</i> Lawsuit Dances to a Fair Use Tune and Heads For Trial Image

<i>Lenz</i> Lawsuit Dances to a Fair Use Tune and Heads For Trial

Kyle-Beth Hilfer

A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.

Features

<I><B>Online Extra:</B></I>Court Recognizes Same-Sex Marriage in Cozen Benefits Row Image

<I><B>Online Extra:</B></I>Court Recognizes Same-Sex Marriage in Cozen Benefits Row

Gina Passarella

In the wake of the U.S. Supreme Court's decision in <i>United States v. Windsor</i>, a Pennsylvania federal judge has ruled the wife, and not the parents, of a deceased female Cozen O'Connor partner is entitled to her profit-sharing benefits.

Features

<i><b>Online Extra</b></i> Congress Hears Pleas for Stronger Copyright Protections Image

<i><b>Online Extra</b></i> Congress Hears Pleas for Stronger Copyright Protections

Andrew Ramonas

Donning special glasses, members of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet viewed a 3-D video clip as part of a hearing that featured music, photo, and movie industry representatives, all touting the economic benefits of strong copyrights. Leaders from the Copyright Alliance, Getty Images Inc., the American Society of Media Photographers, Yep Roc Records and Redeye Distribution Inc., and 3-D moviemaker Stereo D LLC said robust copyright protections are vital'

Features

Technology-Assisted Review Image

Technology-Assisted Review

Bobbi Basile

Technology-Assisted Review (TAR) is clearly a hot topic in eDiscovery circles right now. A quick Google search certainly confirms that premise, and reinforces that organizations are looking for new answers to the most expensive aspect of eDiscovery.

Features

'No-Injury' Product Liability Cases Image

'No-Injury' Product Liability Cases

Sean A. Simmons

A look at "no-injury" product liability law suits and recent court reactions.

Features

Practice Tip: Constitutional Standing, Numerosity, and the Beer Drinker's Burden Image

Practice Tip: Constitutional Standing, Numerosity, and the Beer Drinker's Burden

Andrew Tuck

Lawyers accuse Anheuser-Busch InBev , which makes Budweiser beer, of "watering down" its beer. This two-part article discusses class action requirements and how this "injury inquiry" affects several class action criteria.

'Gatekeeping' Expands in Two Jurisdictions Image

'Gatekeeping' Expands in Two Jurisdictions

Christopher W. Wood

This article explores two noteworthy decisions from 2012 by the Supreme Courts of California and Pennsylvania that break away from the narrow <I>Frye</I> test, clearly mandate active gatekeeping responsibility for trial judges, and broaden the scope of inquiries into expert scientific testimony.

Columns & Departments

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Real Property Law

ALM Staff & Law Journal Newsletters

In-depth analysis of key rulings that affect your practice.

Columns & Departments

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Development

ALM Staff & Law Journal Newsletters

A ruling about an area variance.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “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.
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  • Private Equity Valuation: A Significant Decision
    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.
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    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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