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Using Bring-Your-Own-Device Technology Securely
November 29, 2012
Bring-Your-Own-Device (BYOD) programs, which allow employees to use their personally owned smartphones, tablets and laptops in and out of the work environment, are significantly changing information technology (IT). Law firms around the country are embracing BYOD as it lets executives and employees use the mobile devices, service providers and operating platforms of their choice.
e-Sales Doing Well
November 29, 2012
Perhaps fueled in part by consumer confidence exhibited in an increase in auto sales, lower gasoline prices, and an apparently recovering construction sector, retail e-commerce rode a rising wave in the Third Quarter, up an estimated 3.7% from the second quarter and 17.3% from the third quarter of 2011, the government revealed last month.
Online Holiday Shopping Hits New High
November 29, 2012
On Nov. 23, this year's Black Friday, online retail sales tipped over the $1 billion spending brim for the first time, with consumers picking up holiday bargains topping out at $1.042 billion on the Internet, according to comScore, a digital-activity measurement company.
HITECH and HIPAA Enforcement Activities
November 29, 2012
The OCR is putting new emphasis on enforcing patient privacy rights since the passage of HITECH in 2009. A look at four settlement agreements.
Protecting Reality TV Formats a Tough Sell
November 29, 2012
The nature of reality has bedeviled scientists, philosophers and theologians for millennia. The nature of reality television programs, however, is a relatively modern concern and ' like reality itself ' doesn't lend itself well to copyright protection.
Vicarious Liability: A Continuing Enigma
November 29, 2012
The recent California decision in <i>Patterson v. Domino's Pizza, LLC,</i> suggests that a franchisor should never feel confident that it is fully protected against vicarious liability claims, even with layers of insurance.
Servicemembers Civil Relief Act Stay
November 29, 2012
In a recent ruling, a court concluded that although a stay of proceedings is required due to the unavailability of a divorcing military member, that stay need not apply to all aspects of the divorce action.
BYOD: The Illusion of Cost-Savings
November 29, 2012
The BYOD movement sprang up from employees' desire to have and use their own choice of a smartphone and to be able to better mix their business and work lives. Yet, this modern-day nod to the 19th Century company town has its dark sides.
Affordable Care Act Impacts on Group Health Plans
November 28, 2012
This article provides an overview of the Summary of Benefits &amp; Coverage (SBC) disclosure and employer-shared responsibility mandate implemented under the Affordable Care Act. Information on SBC compliance and your firm's exposure to the shared-responsibility rules follows.
R.I.P. Jay Jaffe
November 27, 2012
With sadness, we at Law Journal Newsletters note the passing of Jay Jaffe on Nov. 21. He was a valued member of the Board of Editors <i>Marketing the Law Firm</i> and <i>Internet Law &amp; Strategy</i> and a valued sounding board for the newsletters. He was truly a pioneer in legal marketing and social media. He will be dearly missed.

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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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