Features
In the Spotlight: The Assignment Clause in an Agreement of Sale
No party may assign this agreement: If this is the clause in an agreement of sale, the negotiating attorneys have not sufficiently protected their clients' interests.
Features
Parking: It's Not Just About the Ratios Anymore
New approaches to parking are offering retailers and developers greater flexibility and the opportunity to reduce costs and environmental impacts.
Features
<b><i>Online Exclusive</b></i> Controversial Cybersecurity Bill Passes in House
Congress is once again pushing forward on a controversial bill to bolster the nation's cybersecurity, which could end up changing how law firms and their clients respond to online threats. The House passed the Cyber Intelligence Sharing and Protection Act (CISPA) on April 18, sending the legislation to the Senate. The bill would allow 'cybersecurity entities' ' an intentionally broad term that includes law firms and business that they represent ' to share cyber threat information'
Features
Predictive Analytics in a Data-Driven World
The use of predictive coding in e-discovery answers the need to automate document review for discovery purposes. Why is automation of this process now so necessary? Because Big Data is upon us, and the legal profession is as much affected by this mountain of information as is business. We need automation to make our way through this.
Features
Technology and Other People-Driven Endeavors
Social networking has become the primary means of sharing knowledge and information for increasing numbers of individuals and organizations. Traditionally, businesses ' and law firms especially ' have been more concerned with the potential risks of adopting social network models into their workflows than with the potential profit-impacting benefits on their organizations.
Features
Focused on More Productivity and Higher Profits?
Turning time into money begins with the metrics a firm has in place, whether the key performance indicators are being measured and tracked, and how technology is being leveraged to streamline the entire process. technology plays a vital role in not only monitoring and 'policing' these metrics, but financial management and billing technology in particular, can always be tweaked and customized to better firm metrics ' especially as they relate to firm utilization, realization, and A/R aging.
Features
Successful Data Migration
When corporate legal and IT departments deploy new enterprise software, migrating legacy data into the new system is usually one of the larger challenges faced. When it comes to e-discovery software, this challenge is exasperated as matter information may be contained in legacy systems or in a collection of spreadsheets or other ad hoc tools.
Columns & Departments
IP News
Highlights of the latest intellectual property cases from around the country.
Right to Privacy: Do You Have Standing?
The legal framework of data privacy, though certainly in flux, has come a long way over the past few decades. Given a recent New York court decision, perhaps we should consider another right one might reasonably associate with privacy: the right of standing.
Features
Court Battles over Digital Television Distribution
Aereo Inc.'s pitch is this: With one of its tiny antennas, no bigger than a dime, viewers can watch television through the Internet. But this is erupting into a litigation nightmare for broadcasters. The fight boils down to whether the broadcasters' copyrights for their shows give them control over how the shows are distributed.
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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 ›
- 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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›