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News Briefs
March 29, 2011
Highlights of the latest franchising news from around the country.
Court Watch
March 29, 2011
Highlights of the latest franchising cases from around the country.
Making Your Case with Social Media In Litigation
March 29, 2011
Social media has come crashing into the courtroom. And along with this newer form of evidence come questions about how to best collect, preserve and use it.
New Net-Use Tracking Tactics Capture Privacy Claims
March 29, 2011
The use of new technology makes peoples' efforts to keep Internet behavior private more difficult, has given rise to renewed claims from consumers of unlawful intrusiveness by Internet data-collectors, and has revived the argument that such behavior unlawfully violates privacy expectations.
Downstream Liability in Trade Secret Litigation After Silvaco
March 29, 2011
Last year, for the first time, the issue of downstream liability surfaced in the law of trade secret misappropriation. In 2010, a California appellate court held in <i>Silvaco Data Sys. v. Intel Corp.</i> that a software licensee did not know or acquire the secret source code the manufacturer used to make the product and, as a matter of law, it could not be liable for trade secret misappropriation.
Passing the Baton
March 29, 2011
As law firms and many other professional service firms including CPAs emerge from the turbulent economic environment of the past few years, they find themselves with an ownership group that continues to age and mounting concerns on how the enterprise will find the continuity to survive and prosper into the future.
Claims Risks
March 29, 2011
As in-house counsel continue to juggle their roles between corporate gatekeepers and confidants, they face a host of emerging risks.
Reining in Health Care Costs
March 29, 2011
What if firms had a way to provide the same benefit protections, but at a lower cost to both the firms and their employees? Combining a high-deductible health plan with health savings accounts can do just that.
Fourth Quarter e-Commerce: Lookin' Good!
March 29, 2011
Fourth-quarter 2010 estimated U.S. retailing rose 3.6% over the third quarter, the Census Bureau reports, as consumer confidence rose through the Christmas season on a wave of slightly rising employment.
Reviving the Not'Quite Dead
March 29, 2011
Congress passed the Restore Online Shoppers' Confidence Act ("ROSCA") to great public acclaim late last year. But was the new law necessary? Dictionary.com defines restore in several parts, but all refer to bringing back something "lost" or "dead." Looking at recent online business statistics, though, how can anyone reasonably believe that online shopping was "lost" or "dead," much less in need of the "restoration" desired by the new law's authors?

MOST POPULAR STORIES

  • 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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