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Whistleblower Rights Expand with Supreme Court Ruling
June 02, 2014
<I>Lawson v. FMR LLC</I> could have significant consequences for law and accounting firms, as well as all businesses working with public companies.
In the Courts
June 02, 2014
Discussion of the <I>Janus</I> Holding
Yahoo Accuses Ex-Employee of Taking SecretsTo Startup
June 02, 2014
Yahoo Inc. has filed a lawsuit accusing a former employee of lifting Yahoo's patents and confidential information, and taking them with him to his new startup.
FCC Punts on Net Neutrality
June 02, 2014
Criticized from the right and the left, FCC Chairman Tom Wheeler last month tried to chart a middle path on net neutrality ' and pleased no one.
EU Data Protection Reforms Update
June 02, 2014
Corporate Counsel would do well to familiarize themselves with the ongoing process of reforms to the EU data protection rules due to their eventual compliance impact and because they constitute more than a simple upgrade to the existing rules.
NBC Universal Not Liable for Link To Attack Article
June 02, 2014
The Appellate Court of Connecticut ruled that NBC Universal, through its cnbc.com website, was not responsible for linking to the content of an alleged defamatory article by Teri Buhl, a self-described "smashmouth investigative journalist."
Are We All Computer Felons?
June 02, 2014
Tthe Computer Fraud and Abuse Act (CFAA) has come under recent scrutiny due to its use against unsuspecting individuals who may not be the malicious hackers that the Act was originally meant to address. This has led to a noisy push for CFAA reform, a split in the Federal Circuit Courts and calls for Congressional action.
Seeking Quick Relief for Trademark Claims on Social Media Sites
June 02, 2014
Policing and enforcing trademark rights in social media requires a brand owner to reexamine some of the basic premises about infringement. It is black letter law that trademark maintenance requires a trademark owner to maintain control over the quality of the goods and services associated with its mark. In the infringement context, this has generally been interpreted as an obligation to prevent any uses that are inconsistent with the brand's image. However, social media has altered this fundamental assumption.
Are Search Engine Results Protected Speech?
June 02, 2014
Search-engine results have become the lodestar of the Web for most users. Whether the user constructs a narrowly-tailored query designed to exclude inapplicable results, or a broad search designed as an introduction to a given topic, the algorithmic apparatus fueling search engines will usually produce pertinent information. As a matter of fact, this article on search results was in part fueled by using results acquired from a search engine.
Snapchat Settles With FTC on Privacy Assurance
June 02, 2014
Snapchat messages are not nearly as ephemeral as the company promised, the FTC alleged in an administrative lawsuit against the app maker.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “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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