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NY Bar Releases Ethics Opinions App
February 01, 2012
The New York State Bar Association announced the release of its free Mobile Ethics App that allows judges, lawyers and law students to access instant ethics advice from portable devices.
Nixon & Vanderhye Transforms IP Data Workflow with First To File
February 01, 2012
As our practice and the number of files we handled both grew, we continually needed to manage and expand our file room space. However, since the file room space could not be used productively to accommodate fee billers, maintaining a large file room amounted to a negative ongoing overhead cost for the firm.
<b><i>Product Review:</b></i> Making the Transition from e-Discovery to Information Management with C2C
February 01, 2012
e-Mail is still the number one source of relevant information for litigation, so it's no surprise that it's the starting line for corporations seeking to implement information management policies. One of the more straightforward methods is with an e-mail archiving platform.
Document Renovation
February 01, 2012
Documents are the currency of law firms. Attorneys author, edit and submit thousands of documents daily. While content is the most important aspect of legal documents, and the majority of time should be spent on this, the formatting of a document can often create issues and burn up precious billable hours. The time spent reformatting and cleaning up documents can be reduced significantly if firms have a process in place for creating and fixing documents based on Microsoft Word's best practices.
Geotracking and e-Discovery
February 01, 2012
This article explores the ways in which geotracking data can be created, potential issues associated with this information, and how it might all relate to e-discovery, including how long the information is stored, whether it is discoverable and how or whether it can be used in a case.
Action over Google Adwords
February 01, 2012
Google has won another key victory in a lawsuit challenging its AdWords keyword advertising program. In early January, Judge Edward Davila of the Northern District of California declined to certify a purported class action, which alleges that the search engine engaged in deceptive and unfair advertising regarding Google AdWords.
Opening the Web As a Frontier for Gambling in the U.S.
February 01, 2012
An opinion published by the U.S. Department of Justice's (DOJ) Office of Legal Counsel in late December has opened the way for state lotteries to sell tickets via the Internet. And now people are wondering if poker, casinos, and other online gaming enterprises can be far behind.
Proving Contributory Online Trademark Infringement
February 01, 2012
The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.
SOPA and PIPA Put on Hold
February 01, 2012
Fueled by Twitter and Facebook postings, the public became more aware of SOPA and its sibling Senate legislation, PIPA (Protect IP Act) and took to e-mail and old-fashioned telephones to let their Congresspersons know how they felt. Whether those who sent messages read the Bills or knew what they really said, the word was out: these Bills would kill the Internet as we know it.
Google+ Pages
February 01, 2012
Google+ Pages are similar to Facebook "fan" pages. These social media offer many similar benefits; however, Google+ Pages has had an inauspicious start, to say the least, and does not yet appear to be a serious Facebook challenger.

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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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