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<B><I>BREAKING NEWS:</b></i> <b>Facebook Settles with FTC over Privacy Violations</b>
November 30, 2011
Facebook has settled Federal Trade Commission charges that it deceived its users and failed to keep their information private, agreeing on Tuesday to establish a comprehensive privacy program that includes independent audits for the next 20 years.
Coverage Issues Stemming from Med Pay Claims Under Commercial Premises Liability Policies
November 30, 2011
This article sets out the typical med pay policy language, summarizes certain coverage issues that have arisen in recent years with respect to med pay claims, and discusses two cases addressing whether an insurer can be liable in bad faith to an injured person for failing to provide med pay benefits.
IP News
November 29, 2011
Highlights of the latest intellectual property news from around the country.
Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations
November 29, 2011
Decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in <i>Marvel Worldwide v. Kirby</i> highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.
Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
November 29, 2011
The Ninth Circuit has now concluded that the Anticybersquatting Consumer Protection Act does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
Using Consumer Surveys to Prove Patent Infringement Damages at Trial
November 29, 2011
Though long used in trademark, false advertising, and antitrust cases, the use of consumer surveys in patent cases is a relatively recent phenomenon. Counsel responsible for managing patent litigation should understand the potential role that survey evidence can play at trial.
How The Williams Companies Uses Matter Management to Work More Efficiently
November 28, 2011
In 2001, Williams found itself in the midst of a painful downturn that ultimately changed the composition of the company's assets and its direction. As such, our legal department was given a corporate mandate to increase our internal services while dramatically reducing our budget, headcount and spending on outside legal services.
Has Your Firm's Security Had A Physical?
November 28, 2011
As physical security systems become more IT-centric, they are more often being identified as an application on the network and not as a disparate system. Security guards have been replaced by intelligent IP-based enterprise security systems that ideally are tied into the existing IT infrastructure and normally segmented via a VPN.
Using Helpdesk Statistics to Improve Law Firm User Support
November 28, 2011
Measuring service levels, ticket volumes, conversion staffing levels, and user satisfaction are all important aspects of running a successful helpdesk, but only of true value if compared to other metrics, and more importantly, acted upon.
No More Excuses for Not Using Predictive Coding
November 28, 2011
Predictive coding is the latest of several innovations that have fundamentally altered the process of e-discovery, some of them even leading to changes in the Federal Rules. It has become a must-have e-discovery capability.

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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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