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In Light of Recent FTC Actions, Review Your Privacy Policy
January 01, 2017
The United States does not have comprehensive legislation addressing the privacy implications of the collection and use of geolocation data. However, the Federal Trade Commission (FTC) has used its enforcement authority under Section 5 of the FTC Act to regulate companies engaged in unfair or deceptive practices involving geolocation data.
Rebound Year Forecast for 2017
January 01, 2017
It is expected that equipment and software investment for 2016 will ultimately close down 1.1%, including three consecutive quarters of declining growth. This trend is expected to reverse in the new year, however, as investment in equipment and software is expected to grow 3.0% in 2017, according to the Annual 2017 Equipment Leasing & Finance U.S. Economic Outlook released by the Equipment Leasing & Finance Foundation.
Rules for Investing In NNN Deals
January 01, 2017
<i><b>The Mysteries and The Risks</b></i><p>The triple net lease, or NNN (also known as a bondable lease), is a common lease structure used in commercial real estate. Even though it has become widely popular, the most seasoned investors and their advisers do not always fully understand the details.
Mastering the Art of Self-Promotion
January 01, 2017
Self-promotion makes many people uncomfortable and unsure. However, to really maximize your hard work as a lawyer, you need to let the world know about your successes — and nobody can do it all for you.
What Lawyers Can Learn from Uber, Redux
January 01, 2017
Lawyers need to know what the client wants and how to get them there before the process starts. Just like a driver who doesn't know exactly where he's taking his riders, a lawyer who isn't totally sure what a client wants — let alone how to get them there efficiently and effectively — is likely to end up with a client who is disgruntled.
Equipment Financing Is on the Rise
January 01, 2017
According to the recently released U.S. Equipment Finance Market Study 2016-2017, conducted for the Equipment Leasing and Finance Association, 78% of respondents used at least one form of financing when acquiring equipment in FY 2015. This is up from 72% of respondents from the previous Foundation market study released in 2012, and represents an increase in the overall propensity to finance.
HVCRE Regulations
January 01, 2017
<b><i>Greater Clarity Needed</b></i><p>The new HVCRE rules require banks to assign a 150% risk weight to any HVCRE exposure (up from the 100% risk weight assigned under general risk-based capital rules) and cover all acquisition, development or construction (ADC) loans unless an exception applies.
What Lawyers Can Learn from Uber, Redux
January 01, 2017
Lawyers need to know what the client wants and how to get them there before the process starts. Just like a driver who doesn't know exactly where he's taking his riders, a lawyer who isn't totally sure what a client wants — let alone how to get them there efficiently and effectively — is likely to end up with a client who is disgruntled.
Non-Compete Clauses In California
January 01, 2017
Non-compete clauses in employment contracts typically seek to preclude employees from working for a competitor for a specific period of time and within a specific geographic area. Most states allow non-competition agreements, provided they are reasonable in scope and justified by the employer's legitimate business interests. California, however, generally prohibits covenants not to compete, subject to limited exceptions.
<b><i>Online Extra</b></i><br>Twitter Faces Surge of Securities Suits
December 02, 2016
The company was hit with the latest in a string of lawsuits alleging that the social media company misled investors about the growth of its user base, and that senior executives raked in hundreds of millions of dollars by selling their stock before the market learned about it.

MOST POPULAR STORIES

  • 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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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