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Insurance Coverage for Data Breach Claims
December 26, 2012
This article examines insurance coverage for data breaches. Counsel may be surprised to learn that coverage for data breaches is not limited to specialty policies, and can often be found under standard CGL or property insurance policies. Any time a potential data breach occurs, it is essential for an insured to consider all forms of insurance that it carries and to provide prompt notice to its insurer(s) of any policy that even potentially could apply.
<b><i>Online Exclusive:</i> CA Bill Aims to Protect Public Employees' Social Media Accounts</b>
December 21, 2012
The author of a new law that will bar companies from seeking their workers' social media passwords has introduced legislation to extend the protections specifically to public employees.
<b><i>BREAKING NEWS:</b></i> DTI Acquires Fios for Relativity Services
November 30, 2012
Document Technologies Inc. has acquired Fios Inc., thereby expanding its hosted e-discovery services, which focus on kCura Corp.'s Relativity document review software, DTI officials said on Nov. 29.
Protecting Reality TV Formats
November 29, 2012
The nature of reality television programs is a relatively modern concern and &mdash; like reality itself &mdash; doesn't lend itself well to copyright protection.
iPad Best Practice Tips for Legal Professionals
November 29, 2012
For legal professionals, the only real choice remains Apple's iPad. The wide selection of legal-specific apps for the iPad cannot be matched by competing Android tablets. Whether intended or not, Apple is winning that market. However, with success comes responsibility, and when it comes to lawyers, accountability, security and saving time is extremely important when serving clients. Here are my "best-practice" recommendations and tips to make the most effective and safest use of iPads for lawyers.
Duel of the e-Discovery Dollars: Cloud vs. Appliance
November 29, 2012
To many e-discovery professionals, the debate over cloud versus appliance is akin to those over Mac versus PC or Coke versus Pepsi. Each side has its diehard advocates, whose loyalties are often grounded more on habit than on facts.
The Maturing Nature of e-Intellectual Property Legal Services
November 29, 2012
As the Internet matures, so does the nature of intellectual property legal services required by Internet users. Initially, IP legal services were primarily in demand to facilitate Internet startups. Today, requests for enforcement of Internet IP rights appears to be overtaking calls for legal services related to licensing Internet IP.
Protecting Weak Online Trademarks
November 29, 2012
Creating a brand name that is trademark-worthy and can be defended in the market requires a thoughtful strategy. The standards of the USPTO for trademark registration are nuanced, and the wrong choice of words can make it challenging to obtain a defensible registered mark.
Apple, HTC Call Truce in IP Smartphone Wars
November 29, 2012
Apple and HTC announced the settlement of their long-running dispute over smartphone patents. In a joint-statement, the two sides announced that they'd settled all outstanding litigation in federal court and the U.S. International Trade Commission and entered into a 10-year licensing agreement.
The End of 'Exclusive' Territories?
November 29, 2012
What does "exclusive" really mean? The use of the term "exclusive" may be coming to an end in light of a recent FAQ 37 promulgated by the FTC on Oct. 16, 2012.

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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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