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Document Exchange Breaches
November 26, 2013
While law firm IT can make sophisticated security systems available, it is ultimately attorneys who are responsible for protecting their clients' data and documents.
Dancing on the Cliff Edge
November 26, 2013
The old business model of law firms is not sustainable. Here's what the "new normal" looks like.
Defecting Employees
November 25, 2013
In today's business world, the entirety of a company's most significant information can be uploaded to a device the size of a thumbnail and taken by a departing employee.
IP News
November 02, 2013
Federal Circuit Upholds Permanent Injunction in 'Design Win' Market <br>Federal Circuit Upholds Inequitable Conduct Ruling<br>EFF Files for <i>Inter Partes</i> Review of Podcasting Patent
It's a Licensee Eats Licensee World
November 02, 2013
These days, it is commonplace for companies to license multiple parties in various distinct geographical areas to use the same trademark. Because different licensees may be competitors of one another in different product lines, the question often arises as to whether one licensee may challenge another's right to use a licensed mark and, if so, where.
Slew of Privacy Bills Will Keep CA Lawyers Busy
November 02, 2013
When California lawmakers sent a host of online privacy bills to the governor in the final weeks of the session, consumer groups generally reacted with a "ho-hum."
U.S. Releases Draft Cybersecurity Framework
November 02, 2013
The U.S. Department of Commerce's National Institute of Standards and Technology (NIST) released its draft of a voluntary cybersecurity framework on Oct. 22 that will allow both private and public companies that work with critical infrastructure to better evaluate cyber risk, and prepare better defenses against ever-increasing online attacks.
Making Your Firm More Productive
November 02, 2013
Owners and partners at law firms must learn more about the commercial realities of competition, pay attention to client retention, counter the increased security risks to private data on the cloud and understand how technology can reduce operating costs.
<i>TecSec v. IBM</i>: The (Not-So) Reaching Impact of Rule 36 Affirmances
November 02, 2013
In <i>TecSec, Inc. v. IBM Corp., et al.</i>, the Federal Circuit explained the effect of Federal Circuit Rule 36, under which the Federal Circuit may "enter a judgment of affirmance without opinion" if certain conditions are met. Fed. Cir. R. 36. The decision highlights the impact of a Rule 36 affirmance on related issues in subsequent litigation, particularly where the Federal Circuit summarily affirms a district court decision that is based on multiple, independent grounds.
The 'Friendly Fraud' Chargeback
November 02, 2013
The abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.

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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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