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Enforcement of Article 9 Security Interests: The Commercially Reasonable Sale
February 26, 2013
This is the third installment of a three-part article designed to provide secured parties with an overview of their enforcement rights and remedies as set forth in Article 9 of the UCC. This installment focuses on the details of a commercially reasonable sale under Article 9, including the terms of sale of collateral, debtor's redemption rights, deficiencies and surpluses, and foreclosures by a junior secured party.
Smart Design Accommodates the Smartphone and Tablet User
February 26, 2013
We know that clients ' and potential clients ' are using mobile devices to view law firm websites. But do you know how each format can alter your site's appearance ' and how to maximize users' experience, no matter what device they're using?
The NLRB's Assault on Companies' Social Media Policies
February 26, 2013
Over the past two years, the NLRB has been aggressively pursuing employers in relation to their social media policies and the discharge of employees who utilized social media to criticize their employers about wages, hours and terms and conditions of employment.
3-D Printing: Strategies to Anticipate the Next Disruptive Technology
February 26, 2013
Large-scale, consumer 3-D printing is fast approaching, and with it will come a host of complex and uncertain legal issues for businesses as they try to protect their proprietary goods.
FTC Closes Google Inquiry
January 31, 2013
The FTC closed its inquiry, requiring Google to license patents that are essential to the interoperability of electronic devices but securing minimal agreements on what many viewed as the heart of the case: Google's dominance in the search market.
Devices, Tablets and Breaking Traditions
January 31, 2013
The Internet has changed immensely since its creation. What was once only accessible through a dial-up modem on a large desktop computer is now available wirelessly with the touch of a finger. Smartphones, tablets, e-readers and gaming systems have all entered the mix as the next generation of computers, and they have transformed our online experiences in a multitude of ways. As the number of mobile Internet-connected devices continues to increase, so will the traffic they generate to law firm websites.
Like It or Not, Online Preferences Are Not Protected Speech
January 31, 2013
Does the First Amendment protect what you "like" on Facebook? Obviously, Facebook, with its vested interest in shielding all forms of user expression, would argue it does. But now it is not alone in that belief.
Understanding Social Media Evidence
January 31, 2013
You don't need to devote hours every day to posting tweets and commenting on Facebook. But to get a better understanding of how social media works, you should spend some amount of time creating a Facebook page, Twitter account and LinkedIn connections and learn to communicate via text messaging as well as use whatever other Web tools your clients use.
Factors in Assessing Statutory Damages for Digital Copyright Infringement
January 31, 2013
A recent federal district court award of $6.6 million in statutory damages to music publishers for the unlicensed use of song lyrics by the website LiveUniverse and its operator was hailed as the first of its type for owners of song lyrics, and thus a significant milestone for content owners in the digital era.
Evolving Court Views on Requests for ISP User Identities
January 31, 2013
When copyright suits are instituted over file-sharing infringements that take place over the Internet, the copyright owner may not know much about who the infringers are. Even in the best case, a plaintiff is unlikely to start with much more than an Internet Protocol (IP) address ' the number that identifies a computer or group of computers that may have been used to download or share all or part of an infringing file.

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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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