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No Cold Calling Agreements Image

No Cold Calling Agreements

Karl G. Nelson

Law firms seeking restrictions on cold calling from the recruiters with which they work would be prudent to use restraint and limit the scope of such agreements to terms they feel confident can be justified.

Features

Defendants Must Heed New Medicare Reporting Obligations Image

Defendants Must Heed New Medicare Reporting Obligations

John L.A. Lyddane & Barbara D. Goldberg

We continue this month with our discussion of the expanded reach of the Medicare reporting requirements under the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA), which as of January 2011 is applicable to liability insurers and self-insured entities.

Features

Charlie Sheen's Trademark Counsel Image

Charlie Sheen's Trademark Counsel

Brian Baxter & Elizabeth Bennett

Wilmington, DE-based Connolly Bove Lodge &amp; Hutz has ventured into the world of pop culture through its Los Angeles office. Records on file with the U.S. Patent and Trademark Office show that partner Grant T. Langton is helping Charlie Sheen, the former star of the CBS sitcom <i>Two and a Half Men</i>, with a trademark endeavor. Sheen is trying to trademark 22 catchphrases, as well as his name and signature.

Features

The UK Bribery Act Image

The UK Bribery Act

Jonathan P. Armstrong

All General Counsel should reach for their calendars now and circle July 1. That's the date when the new UK Bribery Act will take effect. The Act has extra-territorial reach and will impact almost every corporation doing business internationally.

Features

Grabbing Customers' Copyrights Image

Grabbing Customers' Copyrights

Robert W. Clarida & Robert J. Bernstein

What's at issue is control, obviously, and the great lengths to which some will go to maintain, it even as they benefit from the wide-open, free-flowing viral information torrent of the Internet. These copyright acquisitions are not primarily motivated by the desire to exploit the works and make money, but rather by the desire to stop the public circulation of texts and images the new owners do not like.

Features

New Net-Use Tracking Tactics Capture Privacy Claims Image

New Net-Use Tracking Tactics Capture Privacy Claims

Jonathan Bick & Elan Raffel

The use of new technology makes peoples' efforts to keep Internet behavior private more difficult, has given rise to renewed claims from consumers of unlawful intrusiveness by Internet data-collectors, and has revived the argument that such behavior unlawfully violates privacy expectations.

Features

Small Impact on Practice Predicted from White House IP Recommendations Image

Small Impact on Practice Predicted from White House IP Recommendations

Zack Needles

When the White House's intellectual-property enforcement coordinator, Victoria Espinel, submitted a wish list to Congress in March recommending 20 changes to federal intellectual property law largely aimed at ramping up criminal punishment for IP infringement, IP lawyers said the white paper recommendations would likely have only a tenuous effect, if any, on civil IP litigation or patent prosecution.

Features

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some enacted and pending legislation of interest to corporate lawyers. It also discusses some recent cases of interest, including decisions from Delaware and New York concerning the awarding of attorneys' fees.

Features

Evolving Online Advertising Techniques Image

Evolving Online Advertising Techniques

Alan L. Friel

The federal government roared into March like a lion on online advertising, privacy and data'security practices, but hardly left like a lamb.

Features

Privacy and Online Data Collection: At a Crossroads? Image

Privacy and Online Data Collection: At a Crossroads?

Stuart D. Levi & Jonathan Hillel

During the past two years, the collection of personal information through a consumer's online activities has expanded to unprecedented levels. This is due, in part, to a proliferation of new devices through which consumers disclose personal information, and also to increasingly sophisticated behavioral analytics. In response, regulators and legislators are beginning to consider more closely whether comprehensive federal data-privacy legislation is appropriate. This article explores these unfolding developments and the challenges they present to regulators, consumers and the online business community.

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    “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.
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  • Private Equity Valuation: A Significant Decision
    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.
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