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Pinning Your Company's Hopes on Pinterest
October 31, 2012
Heralded as the next big thing in social media, Pinterest presents new legal risks for companies engaged in social media marketing. By sharing images and encouraging others to re-pin them, Pinterest users may inadvertently engage in copyright or trademark infringement, violate licensing agreements, or run afoul of FTC rules for commercial endorsements.
Policing Trademark Rights and the Problem Posed By Bullying
October 31, 2012
Finding an effective middle ground between overly enthusiastic and overly lenient enforcement policies is essential to the development of an effective trademark policing strategy.
The Future in Law Firm Technology
October 31, 2012
As technology has evolved and we've gone from proprietary systems to open ones with standard data types, access to data is much easier. In fact, today's challenge is not accessing information, it's deciding what to access and what to do with it.
Social Document Management Systems: A Thing of the Present
October 31, 2012
What is a social document management system? Social DMS is based off the 100% Web concept. This concept envisions that all firm processes, workflows and interactions are accessed and deployed through a 100% Web-based approach. Why? It is the future and reflects how the Web is organized and how consumer culture is organized.
Insurance Coverage for Data Breach Claims
October 30, 2012
In-house 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.
<i>FTC v. Google</i>: Lessons Learned
September 28, 2012
Twice in less than 12 months, the FTC has investigated Google Inc.'s personal data-handling practices to compare them with Google's representations made in its website privacy policy and other documents. And twice in less than 12 months, the FTC has determined that Google's practices constituted misrepresentation.
No Vote Yet on National Net Sales Tax Collection Bill
September 28, 2012
Congress adjourned Sept. 21 without further action on a House bill that would require remote sellers to collect and pay sales and use taxes on purchases made by residents of states in which the sellers have no physical presence ' after the states implement a simplified collection and payment system.
Speed Traps, Lemonade Stands and ' e-Commerce Issues
September 28, 2012
What does an inspection binge by a local municipal code enforcer who may have visited the lemonade stand you operated as a kid have to do with your e-commerce business in 2012?
Less Is More in Database Discovery
September 28, 2012
In legal discovery, it is not uncommon to see production requests for a copy of an entire database instead of requests for targeted, relevant information. Is this the best path to follow?
The JOBS Act and the Return of the Microcaps
September 28, 2012
An in-depth analysis from a leading financial expert.

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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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