Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


<B><I>Online Extra:</b></i> <b>Ninth Circuit Won't Rehear Prop 8 Case</b>
June 06, 2012
The next stop for the Proposition 8 case is the Supreme Court.The order denying rehearing leaves in place the court's February 2-1 ruling striking down the ban on equal protection grounds. The majority said the voter-enacted initiative served no purpose other than 'to lessen the status and human dignity' of gays.
<B><I>Online Extra:</b></i> <b>Ninth Circuit Won't Rehear Prop 8 Case</b>
June 06, 2012
The order denying rehearing leaves in place the court's February 2-1 ruling striking down the ban on equal protection grounds. The majority said the voter-enacted initiative served no purpose other than 'to lessen the status and human dignity' of gays.
<B><I>Online Extra:</b></i> <b>First Circuit Strikes DOMA on Equal Protection Grounds</b>
May 31, 2012
Setting the stage for a U.S. Supreme Court battle, a federal appellate court on May 31 held that the federal Defense of Marriage Act unconstitutionally denies federal benefits to same-sex couples who are legally married under state laws.
<B><I>Online Extra:</b></i> <b>First Circuit Strikes DOMA on Equal Protection Grounds</b>
May 31, 2012
Setting the stage for a U.S. Supreme Court battle, a federal appellate court on May 31 held that the federal Defense of Marriage Act unconstitutionally denies federal benefits to same-sex couples who are legally married under state laws.
<B><I>Online Exclusive:</b></i> <b>No Liability Found for Sending Texts to Driver Just Before Crash</b>
May 31, 2012
A person can't be sued for allegedly helping to cause an accident by texting a driver, a New Jersey judge holds in a widely watched case.
NJ Online Gambling Measure Clears Assembly Panel
May 31, 2012
Legislation to allow online gambling in New Jersey continues to make progress, despite concerns over its constitutionality.
Jury Sides with Google on Oracle's Patent Claims
May 31, 2012
Google Inc. took home a defense verdict on May 23 in its smartphone fight with Oracle Corp. after a jury rejected all claims of patent infringement.
Ninth Circuit CFAA Case May Draw High Court Review
May 31, 2012
In <i>United States v. Nosal</i>, the U.S. Court of Appeals for the Ninth Circuit, <i>en banc</i>, held that the prohibition against "exceed[ing] authorized access" to a computer under the CFAA does not apply when an employee has been granted access to the company computer infrastructure but uses that access, against company policy and the obvious interests of the company, to copy valuable, confidential information in order to take business from the company. For various reasons, articulated well in the dissent by Judge Barry Silverman (joined by only one other judge), the Ninth Circuit is wrong.
Taxing Online Sales ' The 2012 Update
May 31, 2012
As an update to our article in the June 2011 issue, this article highlights important case developments and new legal trends that have emerged with respect to the collection of state sales taxes by online retailers, as well as a general overview of online sales taxes and the constitutionality of click-through affiliate relationships.
Erratum
May 31, 2012
The Bit Parts item on <i>Troma Entertainment Inc. v. Centennial Pictures Inc.</i>, in the May issue should have reported that the U.S. District Court for the Eastern District of NY was the deciding court.

MOST POPULAR STORIES

  • 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.
    Read More ›