Andrew M. Levine, Bruce E. Yannett, Steven S. Michaels
&
Scott N. Auby
When may foreign nationals residing continuously outside the United States be prosecuted on civil FCPA charges by the SEC? Conclusion of last month's article.
The Forbidding Advertisement Through Child Exploitation Act (FACE Act) of 2013 was introduced in Congress on July 10, 2013 by U.S. Congressman John J. Duncan, Jr. (R-N) to help protect the personal privacy of children and teens.
Federal Trade Commission Chairwoman Edith Ramirez last month issued a stern warning to U.S. companies that house vast amounts of consumers' personal data: Watch out.
In today's age of endless content recycling, the provenance of any particular published work can be disguised or ignored as it is churned through multiple media ' including on the Internet in social media. Consequently, it can be difficult for authors and creators to identify and assert their rights in their published works in every circumstance where they might have been licensed or are being used. But for licensors to overlook these rights brings peril.
In recent years, the U.S. Securities & Exchange Commission (SEC) has brought far fewer revenue recognition and other financial reporting cases than it had historically. That leads us naturally to wonder whether this trend will continue in the future. Not likely.
The marriage of digital media and entertainment content has grown to include a range of possibilities and issues that entertainment law practitioners may encounter. The boom in social gaming is one of these.
U.S. District Court Judge Richard Leon struck down Federal Reserve regulations on debit-card transaction fees on July 31, a victory for retailers that process high numbers of low-ticket transactions. Leon found that the Fed adopted rules that "inappropriately" inflated fees by billions of dollars.
President Barack Obama's administration has drafted a potential recipe for sweetening its voluntary corporate cybersecurity program. The program is under development at the White House and is aimed at utility companies and other businesses that are key to U.S. infrastructure.
This article discusses several contemporary privacy issues, including: whether accidental access to another's e-mail account constitutes unauthorized computer access; whether the use of a fictitious online identity can lead to civil liability; and whether the account holder of an unsecured home Wi-Fi network can be found liable for infringing activities by third parties using the network.
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
With 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.
