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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 of <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.
Policing Trademark Rights and the Problem Posed By Bullying
November 02, 2012
Overly aggressive enforcement of trademark rights by high-profile brand owners can lead to consumer backlash when such enforcement is perceived as "trademark bullying" of the "little guy." Such enforcement efforts have grown increasingly hazardous during the era of Internet blogging and social networking.
<b><i>Online Exclusive:</i></b> Google Opts to Make a Deal in AdWords Spat with Rosetta Stone
November 02, 2012
Google Inc. has given up the fight in a closely-watched case accusing the company of infringing trademarks and facilitating the sale of counterfeit goods.
An Analysis of Proposed Federal Cybersecurity Legislation
October 31, 2012
Michael Chertoff, the former head of the U.S. Department of Homeland Security (DHS), recently remarked that "cyber threats represent one of the most seriously disruptive challenges to national security since the onset of the nuclear age 60 years ago."
Anonymous vs. Fraudulent Internet Speech
October 31, 2012
Even though the foundation of First Amendment rights has prevailed through the centuries, the anonymity and potentially unlimited mass audience of Internet speech poses difficulties for application of traditional doctrines governing speech ' whether political or not, and, it stands to reason, most instances of speech on the Internet are not political in nature.
The Eighth Annual MLF 50: The Top 50 Law Firms in Marketing and Business Development
October 31, 2012
This year's submissions to the MLF 50 were so uniformly excellent, innovative and enthusiastic that it was almost impossible to choose the winners, let alone the Top Five.
Parameters of Court Jurisdiction In Entertainment Litigations
October 31, 2012
The question of whether a court has personal jurisdiction over the parties in a particular lawsuit is fundamental and often raised. The national scope of the entertainment industry ' from artist concert touring to the interstate distribution of music, motion picture, TV and other creative content ' certainly makes personal jurisdiction a common issue in entertainment litigations. This article examines several recent court rulings as examples of how judges today are determining whether personal jurisdiction exists in entertainment cases.
Facebook Submits New Settlement Proposal for 'Sponsored Stories' Lawsuit
October 31, 2012
Lawyers for Facebook Inc. are trying again to settle a suit related to its "Sponsored Stories" advertising feature after a federal judge rejected an earlier proposal.
Implementing U.S. and International Social Networking Regulations
October 31, 2012
This article summarizes the recent U.S. legislation regarding applicant privacy and the NLRB's social networking and employment policy guidelines. It also analyzes the state of social media and employment law in the EU, particularly France, the United Kingdom and Argentina as examples of law developing outside of the United States. Finally, this article provides recommendations for employers faced with complying with new laws governing the use of social media.
Cybersecurity Law Firms Needed to Combat Terrorism Threat
October 31, 2012
The next mass terrorism attack may not involve planes, trains or buildings. It very well may involve cyberspace and could be felt by Americans when their lights, computers or smart phones go on the fritz as networks are compromised.

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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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