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Elections: The Hidden Security Danger for Governments
November 01, 2018
The news is replete with alleged actions of foreign governments and hackers trying to impact the democratic election process in the United States. It is incumbent upon the state and local governments to ensure the security of all elections.
Why Do Cybersecurity Programs Fail?
November 01, 2018
It seems this should be a key question for everyone in business, government, technology, and cybersecurity: If we know the problem with cybersecurity, and have ways of methods of addressing the problem, why are we still failing?
Cybersecurity Ranks Among Top Concerns of Corporate Legal Departments
November 01, 2018
A survey of more than 460 attorneys and decision makers working in corporate legal departments nationwide found that in-house teams, already stretched by limited resources, are confronting new and traditional challenges. Cybersecurity ranked among legal departments' biggest concerns for 2018.
Phishing for Whales with Spears
November 01, 2018
<b><i>What Your Organization Can Do to Protect Itself from Email-Based Attacks</b></i><p>There's no question that email has revolutionized the way we operate. Unfortunately, for all of its convenience, email has opened the door to serious security threats that include viruses, malware and fraud. Phishing scams have become a widespread problem — you'd be hard pressed to find anyone who hasn't been on the receiving end of a phishing attempt.
Litigation over 'Ultra Music' Licensing Raises International Trademark Issues
November 01, 2018
A Miami, FL, federal jury ruled in favor of a Croatia-based production company in their trademark dispute with a titan of concerts, Ultra Music Festival.
Supreme Court Forecloses Reimbursement for Certain Internal Investigations Under Mandatory Victims Restitution Act
November 01, 2018
In Lagos v. United States, the U.S. Supreme Court ruled that corporate victims of criminal offenses cannot recover expenses incurred from internal investigations that the federal government has neither requested nor required under the Mandatory Victims Restitution Act of 1996,
Understanding the Intersection Between GDPR and Cybersecurity
November 01, 2018
It's been about half a year since Europe's General Data Protection Regulation (GDPR) was activated, and corporate legal, privacy and compliance teams are beginning to adjust to the new lay of the land. We've seen early examples of enforcement activity, and those are helping organizations better understand the long-term landscape for compliance.
Impact of EU's GDRP on Domain Registration
November 01, 2018
Since the GDPR's implementation, the “WHOIS” service by which the general public could search registration information, including names and contact info, has been largely in a state of flux. It's now even tougher to find information, attorneys who work with domain registration say, which could concern entertainment and intellectual property holders who want to go after infringing websites.
COUNSEL CONCERNS: Federal Judge Scolds Both Sides' Lawyers In Labels/Spinrilla Copyright Dispute
November 01, 2018
A federal judge in Atlanta called out attorneys in a nationally watched copyright case for their role in an “an all-out, knock-down, drag-out fight between the '800-pound Gorilla' of the recording industry in one corner of the room vs. 'Spinrilla', the self-proclaimed '800-pound Gorilla of free hiphop mixtapes' in the other corner.”
The Supreme Court's Criminal Law Decisions in 2018
November 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>The United States Supreme Court's October Term 2017 was a good year for criminal defendants in areas as varied as the Fourth Amendment, obstruction of justice, the death penalty, and criminal restitution. There was only one major criminal law decision this term — <i>Carpenter v. United States</i> — but there were several decisions that defense counsel would do well to study.

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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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