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Columns & Departments

Counsel Concerns Image

Counsel Concerns

Stan Soocher

Anti-Slapp Motion Involving Disclosure of ex-Miss California Suit Settlement Is Denied<br>New York Court Finds Malpractice Suit, over Transfer of Motion Picture Ownership, Improperly Pleaded

Features

The Current State of Film and Television Tax Incentives in the United States Image

The Current State of Film and Television Tax Incentives in the United States

Ethan Bordman

The Los Angeles region has historically been the world capital of moviemaking, but in recent years there has been significant competition among states to offer lucrative production tax incentives.

Features

What to Do About High Data Breach Costs Image

What to Do About High Data Breach Costs

Judy Selby

It's not always good to be Number One. Faced with continuing front-page stories of cyberattacks and data breaches, e-commerce firms must avoid a "who would want my data" approach to issues of data security and breaches, and instead adopt a "when, not if" mind set.

Features

Online Advertising Favored Image

Online Advertising Favored

Jonathan Bick

Internet advertising is more effective than traditional advertising for both business and legal reasons. From a business standpoint, Internet advertising is less expensive, faster to produce and deliver and thus more effective than traditional advertising. Internet advertising, from a legal perspective, is less encumbered than traditional advertising because statutes regulating advertisement were enacted prior to the existence of the Internet and is consequently more effective than traditional advertising. Additionally, recent enacted advertising regulations favor Internet advertising over traditional advertising.

Features

In <i>CLS Bank,</i> the Federal Circuit Agrees to Disagree Image

In <i>CLS Bank,</i> the Federal Circuit Agrees to Disagree

Scott F. Llewellyn & Jason D. Hall

The intellectual property community hoped and expected that the Federal Circuit's <i>en banc</i> decision in <i>CLS Bank Int'l v. Alice Corp.</i> would provide guidance regarding the scope of patentable subject matter under 35 U.S.C. ' 101. Instead, the Federal Circuit's decision created confusion, identifying three competing tests for assessing patentable subject matter under ' 101.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Declaratory Bids Denied in Dispute over Literary Agent Agreement<br>Method for Monetizing Internet Content Not Too Abstract for Patentability<br>New York Music Administration Suit Stayed Until Outcome of Canadian Suit over Related Songs-Purchase Agreements

Features

The Great Internet Land Rush Image

The Great Internet Land Rush

David K. Mitnick

This articlelooks at the implications of the new gTLD program for attorneys and the Internet as a whole.

IP News Image

IP News

Jeffrey S. Ginsberg & Joseph Mercadante

Federal Circuit Vacates Award of Attorney Fees

Columns & Departments

Court Watch Image

Court Watch

Charles G. Miller

U.S. Supreme Court Upholds Arbitrator's Determination of Authority to Determine Class Issues<br>Recent Attempt to Revive <i>Laxmi v. Golf USA</i> Fizzles

Features

Is Google Enabling Illegal Ads That May Harm Children? Image

Is Google Enabling Illegal Ads That May Harm Children?

Bradley S. Shear

Advertisements for counterfeit merchandise, illegal drugs, pornography, etc, have been on the Internet for years. Unfortunately, it appears some companies that have the ability to remove ads and/or links from their websites to illegal products and/or services may not be putting forth their best effort to do so. Refusing to properly address these issues may lead to major legal and financial consequences.

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    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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