<b>Decision of Note:</b> No Jurisdiction over E-Book Uploader
The U.S. District Court for the Southern District of New York dismissed Penguin Group's copyright infringement claims against American Buddha, a nonprofit that makes hundreds of books available for free, including four titles by Penguin.
Tackling Tax Planning Issues of Nonresident Alien Artists
One of the challenging areas of income tax planning is working on behalf of nonresident alien (NRA) performing and creative artists. Integrating the typical rules of the Internal Revenue Code that apply to U.S. income tax residents with what might apply to a NRA coming to work in the United States, as a result of their specific facts and circumstances and applicable tax treaties, can be a confusing maze.
Features
Ohio's Revised Franchise Code Now in Effect
Amendments to the Ohio Business Opportunity Law went into effect a few months ago, offering what franchise attorneys are calling a balanced approach that improves pre-sale disclosures to protect franchisees but also gives franchisors greater protection from lawsuits that cite minor, technical violations of the state's rules.
Columns & Departments
Landlord & Tenant
Professional analysis of several recent rulings of importance.
Columns & Departments
Eminent Domain Law
An in-depth look at a condemnation proceeding.
What's the Big (Data) Deal?
In our increasingly data-intensive world, Big Data is proclaimed by its proponents as bringing about a new era of innovation and economic growth. But as increasingly large amounts of data are collected, stored and analyzed about individuals, privacy advocates have also raised concerns that Big Data may endanger, if not end, personal privacy.
Columns & Departments
Cooperatives & Condominiums
Discussion of two major rulings.
How Much Deference Do Zoning Ordinances Deserve?
To what extent can a municipality's zoning ordinance distinguish among commercial enterprises, and what evidence must a municipality produce to justify distinctions among commercial enterprises?
Features
International e-Commerce and e-Discovery
This article focuses on the conflict between U.S. and EU discovery procedures, and offers some useful and practical advice for U.S. litigants who may face uncertain territory when seeking discovery abroad.
CA Data Privacy Bill Would Undo Apple's Win
Online retailers in California could be held liable for requiring anything more than a ZIP code from credit card and debit card customers to complete a transaction under proposed legislation unveiled on March 20.
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- 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 ›