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Practice Tip: Protecting Your Verdict
March 29, 2013
This article focuses on some of the challenges presented by the rise of technology and social media, and describes some measures for avoiding the most prevalent forms of juror misconduct.
<b>Decision of Note:</b> No Jurisdiction over E-Book Uploader
March 29, 2013
The U.S. District Court for the Southern District of New York dismissed Penguin Group's copyright infringement claims against American Buddha, a nonprofit that makes hundreds of books available for free, including four titles by Penguin.
What's the Big (Data) Deal?
March 29, 2013
In our increasingly data-intensive world, Big Data is proclaimed by its proponents as bringing about a new era of innovation and economic growth. But as increasingly large amounts of data are collected, stored and analyzed about individuals, privacy advocates have also raised concerns that Big Data may endanger, if not end, personal privacy.
CA Data Privacy Bill Would Undo Apple's Win
March 29, 2013
Online retailers in California could be held liable for requiring anything more than a ZIP code from credit card and debit card customers to complete a transaction under proposed legislation unveiled on March 20.
How to Write in the 'e-Age'
March 28, 2013
Writing in many parts of the legal and business worlds has probably changed more in the last decade than in any comparable period over the last five centuries. Those who fail to adapt will pay the consequences.
Italy Adopts New Anti-Corruption Law
March 28, 2013
On Nov. 8, 2012, Italy enacted new anti-corruption legislation, joining other countries, including China, Russia and the United Kingdom, that have recently implemented strong anti-corruption measures.
Employer Liability for Employee Wrongs
March 28, 2013
Employer knowledge of employee activities opens employers to responsibility for employee misdeeds. Here's why.
Easy, Essential SEO For Lawyers and Law Firms
February 28, 2013
If your law firm is not showing up on the first page of search results, you are nowhere. Very few online searchers ever go beyond the first page of results. In the eyes of Internet users (everyone), if you do not appear on this first page, you are not credible. You will not get the call. What can you do to improve your search engine results?
Failure to Consult Internet May Result in Legal Malpractice
February 28, 2013
As the Internet continues to penetrate every aspect of the law, lawyers who would overlook the Internet do so at their peril. Attorneys on various Internet sites have already suggested that not making use of the Internet when confronted with particular legal matters amounts to malpractice. Certain state court rules, such as New Jersey, make the failure to file via the Internet tantamount to failure to timely file, which is a common basis for legal malpractice.
Florida Legal Ethics Opinion Clears Way for Cloud Computing
February 28, 2013
Florida has become the latest state to weigh in on the legal ethics of cloud computing, joining other states that have done so in concluding that lawyers may ethically use cloud computing, provided they exercise due diligence to ensure that the cloud provider maintains adequate safeguards to protect the confidentiality and security of client information.

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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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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