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Valuing a Celebrity's Right of Publicity
January 31, 2013
Unlike patent, trademark and copyright law, rights of publicity are governed by a patchwork of state statutes and common-law decisions, rather than by a single federal statute. And unlike trade secret law, rights of publicity are not subject to a uniform state law adopted in the vast majority of states. But as with valuing other intellectual property assets, right of publicity (ROP) valuations need to consider the unique characteristics of the subject asset and the context of the valuation.
Devices, Tablets and Breaking Traditions: The New Normal for Law Firm Websites
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.
FTC Updates COPPA
January 31, 2013
The FTC has made revisions that update the Children's Online Privacy Protection Act (COPPA) for the era of mobile technology, social media and online data collection ' creating new liability for the operators of websites and services that are directed to children under the age of 13.
Video Privacy Law and Online Services
January 31, 2013
The Video Privacy Protection Act (VPPA), passed by Congress in 1988, has reemerged as consumer video rentals have migrated from brick-and-mortar video stores to online subscription services, or sites that allow digital streaming of TV shows and movies over the Internet.
Marketing the Family Law Practice
January 31, 2013
If you are an attorney, you know how difficult marketing a law firm can be. If you are a matrimonial attorney, then you know that marketing the family law practice can be especially difficult. Here's what to do.
Verdicts
January 31, 2013
Discussion of key med mal cases.
Marketing Tech: Going Mobile
January 30, 2013
Why and how to get your firm's mobile website ready as quickly as possible.
Social Media Use
January 30, 2013
The expanding use of social media is perhaps the number-one trend reshaping law firm marketing. But social media use also vividly illustrates the dilemmas posed by the law's dual nature as a business and a profession.
The Murky World of Online Privacy
January 30, 2013
This article examines the compliance issues raised by California's Online Privacy Protection Act, and the FTC's recent changes to the federal Children's Online Privacy Protection Act, and what companies must do to ensure they are not in violation.
Five Social Media Platforms from Which Any Law Firm Can Benefit
January 28, 2013
Leveraging social media is the least expensive way to expand your business and brand your name. Business to consumer (B-to-C) companies long ago embraced the social Web as a way to connect with existing customers and attract new customers. These same methods and available outlets will work for law firms, too. And, you don't have to spend a lot of money with an outside ad agency or marketing firm to get the results you want.

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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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