Why the Rise of Ascertainability Signals the Fall of 'All Natural' Consumer Class Actions
December 31, 2014
The filing of a consumer class action and the widespread publicity such a lawsuit draws often has an immediate adverse impact on the product, its brand, and its manufacturer. Taking control of these class actions early, containing them through appropriate corporate messaging, and ending them quickly at the class certification stage is therefore imperative, particularly in the food and beverage industry.
When Your Data Goes Viral: Insurance for Data Breaches
December 31, 2014
Data breaches are part of the technological age. Indeed, 2013 was dubbed the year of the "mega breach," and in 2014, as of October, there had been 621 publicly reported data breaches, exposing 77,890,487 records. In early October 2014, JPMorgan Chase reported a data breach affecting as many as 76 million households and 7 million small businesses, making it one of the largest data breaches ever reported.
When Your Data Goes Viral: Insurance for Data Breaches
December 31, 2014
This article explains the traditional insurance products that may provide a policyholder with insurance coverage for data breaches, and some of the newer products available to policyholders for these risks.
The Financial Impact Of IP Issues in M&A
December 31, 2014
Buyers often fail to consider the financial impact of intellectual property rights in M&A deals. While IP value can be difficult to determine, a target company's financials may rely on IP. For example, a company's financial outlook may be due to patent protection that provides exclusivity and prevents competitors from entering certain markets. It also may be due to goodwill associated with trademark protection, allowing a brand to charge a profitable premium over the competition.
<b><i>At the Intersection:</i></b> Making Your Net Work
December 31, 2014
Those who gauge networking success by the sheer number of contacts they can cultivate digitally need to get this through their heads: You are not "networked" unless you make your net work, which is to say, unless you work your net.
Internet Changes Medication Sales Regulations
December 31, 2014
Internet use has changed the way medication purchases are regulated, due in part to patients' free access to information related to pharmaceutical products and medical care. Consequently, pharmaceutical manufacturers sponsor Internet links to promote direct-to-consumer (DTC) advertising via the Internet, with sales sites one click away.
Are Franchisors 'Employers'?
December 31, 2014
The franchise agreement almost always contains a clause specifying that the franchisee is an independent contractor and that the franchisor and franchisee are not intending to create an employment relationship. But a number of recent decisions from around the country have raised the question: Is a franchisee really an employee of the franchisor, despite the written disclaimer in the franchise agreement?
Balancing the Equities in Municipal Bankruptcies
December 31, 2014
When it comes to explaining what has prompted the incidence of financial distress being experienced by an increasing number of our nation's cities, perhaps the most persistent and significant cause is a troubled city's obligations to fund substantial pensions for its employees, both retired as well as its active work force.
The Territorial Barrier To Commodity Exchange Act Suits
December 31, 2014
While judicial ink has long been spilled on the extraterritoriality of the securities laws, growing attention is being paid to the overseas reach of the antifraud provisions of the Commodity Exchange Act (CEA).
