Equitable Distribution and Hedge Funds
August 30, 2012
There is no "rule of thumb" with respect to the valuation of a hedge fund interest. Hedge funds are complex entities with complex people using complex investment strategies; therefore the valuation of a hedge fund is complex, by nature.
The Battle Rages On: A Report from the Front Line of the Patentable Subject Matter War
August 30, 2012
In July 2012, the Federal Circuit issued two decisions regarding patentable subject matter for computer-implemented business methods, <i>CLS Bank Int'l v. Alice Corp.</i> and <i>Bancorp Services v. Sun Life Assurance Co. of Canada</i>, that vividly demonstrate the conflicting approaches various members of the court apply to this question.
The IP Exclusion: The Elephant in the Room
August 30, 2012
So-called Intellectual Property exclusions in commercial general liability ("GL") insurance policies have received relatively little attention from the courts. However, the ubiquity of new advertising technologies, recent appellate decisions confirming GL "personal and advertising injury" coverage for patent claims, and new claims that policyholders are facing for alleged electronic invasions of privacy may well turn the IP exclusion into the proverbial "elephant in the room.
When Technology Meets Process
August 30, 2012
Applying technology to an inefficient process will give you a net gain of zero. Throwing technology at a problem without first looking at the process will rarely fix it. In fact, it may exacerbate the problem by adding another layer of complexity to existing process challenges.
Technological Advancements in e-Discovery
August 30, 2012
Even as the e-discovery market matures, we continue to see change driven by shifting economic conditions, the proliferation of data sources such as social media and cloud computing, and evolving legal standards. In response to these challenges, e-discovery vendors are developing solutions that are poised to shape the direction of the market. As legal and IT professionals, it is our duty to keep up with the ever-changing landscape of e-discovery technologies.
Porn Ruling Could Spell Trouble for ICANN
August 30, 2012
A case pitting adult entertainment companies against the gatekeepers of Internet domain names cleared a key hurdle when a federal judge in Los Angeles largely allowed antitrust claims over the controversial .xxx domain to go forward.
U.S. Cybersecurity's Path from Legislative Debate to Executive Action
August 30, 2012
That some action is needed in the realm of cybersecurity is the one thing beyond debate. Over the last year, supporters of various versions of legislation have emphasized that the nation's critical infrastructure ' including electrical grids, water stations and telecommunications systems ' is a target for cyber-attacks.
No Fair Use in Mag's Publication of Marriage Photos of Singer
August 30, 2012
To Ninth Circuit Judge M. Margaret McKeown, the appeal in copyright case <i>Monge v. Maya Magazines</i> read "like a telenovela, a Spanish soap opera." McKeown wrote that the Spanish-language gossip magazine <i>TVNotas</i> violated the copyright of Noelia Lorenzo Monge, a Puerto Rican pop singer known mostly by her first name, and her husband, Jorge Reynoso, a music producer, by publishing private wedding photographs that apparently had been stolen from them.
