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Supreme Court Leaves NY Online Sales Tax Law In Place
December 31, 2013
December 2 was an extraordinary day for Amazon.com Inc., the mammoth online retailer: Cyber Monday sales reached new heights, its fanciful plan to use drones to make deliveries was creating buzz ' and then the U.S. Supreme Court spoiled it all by turning down Amazon's challenge to online sales taxes.
Office 365 Cloud Computing
December 31, 2013
The world is getting smaller as technology changes enable us to share documents with those on the other side of the globe. When sharing documents "in the cloud" it is possible to see real-time updates when using the Microsoft 365 Office Web Apps. As most legal documents are created in Word, this column will focus on the Word Web App.
Privacy a Sticking Point for Deals
December 31, 2013
Privacy compliance is increasingly a sticking point between targets and acquirers. Lawyers say they're seeing closes delayed, offering prices reduced, and some transactions scuttled altogether as regulatory scrutiny intensifies and buyers become skittish about privacy risks.
Dancing on the Cliff Edge
December 31, 2013
In the last five years, we have heard increasing chatter about the failed business model of law firms, new technology that is erasing the need for lawyers and other information interpreters, and enhanced cognitive systems that mine and interpret data. Let's look at some examples of trends that are leading the way.
Stop the Insanity!
December 31, 2013
The facts are that our disclosures are voluminous and getting more so every year (many companies' proxy statements are at or close to 100 pages, and some 10-Ks are in excess of 200 pages) that most investors don't have the time to read, much less digest, these documents and that those who do often find them overwhelming.
Verdicts
December 31, 2013
NY Court Won't Use 'Long Arm' to Reach Florida Med Center <br>Judge Went Too Far By Striking Defense's Answer<br>Informed Consent Irrelevant To Malpractice Question
With Virtual Currency, Does Virtually Anything Go?
December 31, 2013
In late 2013, a Subway sandwich franchise in Pennsylvania was making the news for being one of the first small American businesses to accept bitcoin as payment for purchases. According to press reports, that franchise generated a lot of interest among hungry bitcoin enthusiasts, who went out of their way to visit the store. Should this be dismissed as a mere publicity stunt, or is the use of bitcoin something that deserves some thought?
With Virtual Currency, Does Virtually Anything Go?
December 31, 2013
In late 2013, a Subway sandwich franchise in Pennsylvania was making the news for being one of the first small American businesses to accept bitcoin as payment for purchases. According to press reports, that franchise generated a lot of interest among hungry bitcoin enthusiasts, who went out of their way to visit the store. Should this be dismissed as a mere publicity stunt, or is the use of bitcoin something that deserves some thought?
Are You Blawging, Or Flawging?
December 31, 2013
Lots of attorneys are being told that they need to start blogging (or "blawging", as many attorneys refer to it). From a marketing perspective, this advice makes a lot of sense. There's an old advertising adage, credited to David Ogilvy from the pre-"Mad Man" days of advertising, that when it comes to big-ticket purchases, "long copy sells."
FTC Update on Gathering Data; Disclosures To Consumers
December 31, 2013
In an area of major interest to the entertainment industry, the FTC continues its active enforcement of advertising practices in emerging areas such as social media and mobile marketing. At the same time, advertisers and marketers are attempting to piece together best practices as new consumer protection requirements come into effect and the first cases applying new regulatory standards are settled.

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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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