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Your e-Discovery Bucket List
November 30, 2013
One of the most persistent problems encountered in e-discovery is that when all you have is a hammer, everything looks like a nail. As a result, in-house teams that have been subject to resource constraints and staff reductions must approach their litigation more thoughtfully and creatively than ever before. They need to establish an e-discovery "bucket list" that contains both new tools and basic processes to use when things go pear shaped.
Avoiding False-Marking Claims with Global Brands
November 30, 2013
For about a week last month, my Internet browser thought I was in Canada. And, like a friend who returns with an accent after a week-long vacation in London, this was more a source of curiosity than frustration. I first realized the quirk upon a visit to Google. Instead of finding myself at the familiar .com, I was redirected to a .ca site. With 's and 's littered across the page, the intellectual property nerd in me was buzzing. How was I to interpret these symbols?
Evidentiary Requirements To Recover Lost Future Royalties
November 30, 2013
When franchisors enter into long-term franchise agreements, they expect to receive a steady stream of royalties for the duration of the agreement. However, if the relationship sours and the agreement is terminated prior to expiration, the franchisor faces the prospect of losing the anticipated stream of royalties for the remaining term of the agreement. More and more often, franchisors are turning to the courts to attempt to recover those lost future royalties.
Checking in on the New gTLD Objection Processes
November 30, 2013
ICANN has been busy reviewing applications for new generic top-level domain name registries (new gTLDs), and the first four new gTLDs were delegated to the Root Zone on Oct. 23, 2013.
DJ Dropped from Dispute Over Use of Beastie Boys Music
November 30, 2013
After the Beastie Boys sued over the unlicensed use of several of the rap group's tracks in a remix on the soundtrack to a promotional video, defendant energy-drink maker Monster Energy Co. tried to shift the blame onto an unsuspecting disc jockey. That tactic didn't sit well with Southern District Judge Paul Engelmayer, who dismissed the DJ from the litigation.
The Myths of Legal Hold Notification
November 27, 2013
Organizations face serious repercussions in the form of both costly sanctions and adverse inferences for inadequate or failed legal hold procedures. The most basic preservation task however, issuing legal hold notifications, seemingly remains a mystery to a surprising portion of corporate defendants. Too often, organizations, and their counsel, do not view the legal hold notification (LHN) process as a manageable business process.
New FDA Guidelines on Gluten-Free Products
November 27, 2013
On Aug. 5, 2013, the FD) issued a final rule defining the labeling requirements for a product claiming to be "gluten-free."
Imputed Income: A Look at What Courts Find Persuasive
November 26, 2013
In cases where historical and current income cannot form the basis for support awards, courts have the discretion to impute income to one or both of the parties ...
Med Mal News
November 26, 2013
In-depth analysis of key cases.
Document Exchange Breaches
November 26, 2013
What would happen if a clien'ts information was breached or hacked? It is an alarming possibility and one that should rightfully occupy your thoughts.

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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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