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The Business of Branding: Is New Media Still 'New'?
April 27, 2012
Responsive web design, startup incubators and mobile payments are three progressive products and services that aren't necessarily "new" media, but can be considered new enhancements that aid growth, advancement and understanding.
<b>Decision of Note</b> Statute of Fraud Bars Agency Counterclaim
April 27, 2012
The U.S. District Court for the Southern District of New York ruled that the statute of frauds barred a counterclaim alleging breach of an oral agency agreement by songwriter/performer Akon to pay the agency commissions and reimbursement of the musician's travel expenses.
Second Circuit Revives Copyright Case Against Google, YouTube
April 27, 2012
Viacom International got a second shot at proving that Google's YouTube massively infringed its copyrights by hosting clips from shows like The Daily Show and Family Guy without its permission. And whether Viacom and its lawyers succeed or not, they've already managed to shape the developing case law over copyrighted content that users illegally upload to the Internet.
U.S. Reaches Settlement With Publishers over Alleged e-Book Scheme
April 27, 2012
As the U.S. Department of Justice (DOJ) prepares to battle Apple over alleged price-fixing in the electronic books market, top department officials said they are hopeful consumers will benefit from the settlement reached with three publishers.
IP News
April 27, 2012
Highlights of the latest intellectual property news from around the country.
Small Changes <i>Can</i> Lead to Expensive Consequences
April 27, 2012
Besides the many people in commercial sectors whose business model was decimated ' music sellers and travel agents, at the dawn of e-commerce, and, more recently, publishers of books and music ' sometimes that change can hurt any business and its people, and for no good reason.
Discoverability of Social Network Information
April 27, 2012
In recent years, courts have come to varying conclusions as to the discovery of information posted on social networking sites.
Litigation Support for Information Governance
April 27, 2012
The treatment of personal identifiable information (PII) is quickly becoming an increasingly critical issue and should be on litigation support's risk and information governance agenda.
Case Study: Foley Hoag's Social Media Marketing Distinguishes a Hot Practice
April 27, 2012
How this 250-lawyer firm boldly raised its profile.
Another Turn in the Path to Patentability
April 27, 2012
In <i>Mayo Collaborative Services v. Prometheus Laboratories, Inc.</i>, the Supreme Court held that a method claim that does nothing more than restate a law of nature and add conventional steps cannot be patentable. At first glance, this may not sound remarkable, but upon closer inspection this holding has the potential to dramatically change patent law for decades to come.

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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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