Features
Cloud Taxes: Are States Heading In Right Direction?
It is no surprise that several states and a few cities are looking to tax cloud computing transactions given the increasing popularity of the cloud among businesses.
Features
New DOJ Actions Impact GC and Compliance Officer Roles
Several new, highly publicized fraud enforcement initiatives of the DOJ are likely to impact the roles of the general counsel and chief compliance officer. Here's why.
Features
Worker Injury in the 'Internet Workplace'
Billions of people use the Internet for work-related purposes. According to the Pew Research Center's Internet and American Life Project, the fastest growing demographic for Internet workers is people aged 45 to 54. This is the same age group that is most likely to engage in workplace injury litigation.
Features
MPAA International Piracy War Yields Two Key Wins
The Motion Picture Association of America (MPAA) recently announced that two major piracy websites, Popcorn Time and YTS, were shuttered following pro-MPAA court rulings in Canada and New Zealand.
Features
<b><i>Online Extra</b></i> YouTube to Offer Posters Legal Support to Defend Fair Use of Videos
In a sign that YouTube may be willing to push back against indiscriminate allegations of copyright infringement, the company announced it will offer legal support, including covering court costs, to protect some videos on its site that it believes meet the standard of 'fair use' under copyright law but have been challenged with takedown notices.
Features
<b><i>Online Extra:</b></i> FanDuel and DraftKings Hit with About 40 Class Actions
FanDuel Inc. and DraftKings Inc. are facing about 40 class actions claiming that the online daily fantasy sport sites fraudulently enticed customers into participating in illegal gambling.
Features
NV Fantasy Sports Ruling Comes Amidst NJ's Betting Bid
Nevada's recent crackdown on fantasy sports operations could have a beneficial effect on New Jersey's latest bid to legalize sports betting, according to lawyers involved in the gaming industry.
Features
Heightened Cybersecurity Concerns Impact IP Strategies
Recent widely reported cybersecurity breaches have further heightened awareness of the issue, which is of significantly increasing concern both to businesses and government. Government regulators have pressed for greater cybersecurity efforts ' with the FTC's authority in this area being recently upheld by the Third Circuit.
Features
Fifth Amendment Does Not Extend To 'Digital Person'
An acrimonious marital breakup has been known to bring out the worst in some people. Those battles increasingly are fought on the technology field, thereby leaving courts to determine complex personal rights issues in the context of grown-ups 'behaving badly.
Features
State, Federal Law Differ on Franchisors As Joint Employers
It seems that the definition of employer under state law is becoming more restrictive but the definition under federal statutes has become more flexible. The reason is a federal political agenda to empower the National Labor Relations Act to encourage collective bargaining of employees of franchises.
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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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.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 ›