Features
What You Need to Protect Your Brand In A New gTLD World
In order to deal with an expanding Internet, brand owners need to understand how to use a variety of tools to handle the different brand protection and legal challenges that will be presented. For brand owners looking at the New gTLD space, formulating a trademark protection strategy should be viewed as an important tool on an entire tool belt of protection strategies that together can be used as a comprehensive plan.
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Franchise Compliance
Every franchise system chief executive encounters situations in which a franchisee has a good reason for not complying with a rule, or in which the infraction is fairly minor. But how can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?
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<b><i>Online Extra</b></i> Court Approves Facebook Class Settlement, Shaves Attorney Fees
In a long-awaited conclusion to Facebook's "Sponsored Stories" class action saga, a federal judge gave final approval to a $20 million settlement on August 26 but took an axe to the $7.5 million in fees requested by plaintiffs attorneys.
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Section 3 of DOMA Ruled Unconstitutional
For those employees for whom the employee's state of residence recognizes the same-sex marriage, the benefit plans must recognize the employee's same-sex marriage in the same manner as an opposite-sex marriage.
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Anti-Money Laundering
As money laundering schemes evolve and become more sophisticated over time, anti-money laundering programs should be periodically reviewed and assessed to ensure that they remain effective.
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Willfulness and Liability, Separate But Equal?
This article summarizes <i>Bosch</i> and highlights the practical implications of the Federal Circuit's decision.
Features
The Evolution of e-Discovery
e-Discovery is a much more robust field than when it started, and that expansion can be seen in the growth in the number of different tools, ways they can be combined and options that can be used throughout each stage. It's a burgeoning field, but the pool of talent has not always kept up with expansion, and it remains a difficult industry to enter without experience.
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Marketplace Fairness Act May Help Clear Muddy Tax Waters
With my mom probably one of only a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.
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Federal Healthcare Employer Mandate Delayed: Now What?
With a one-year reprieve from the implementation of the employer mandate under the Affordable Healthcare Act (ACA), announced by the Obama Administration in early July, franchisees and small franchisors can breathe a sigh of relief.
Features
Partly Cloudy with a Chance of Sanctions
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.
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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 ›