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Current and Impending Virtual World IP Issues
November 25, 2009
With popularity and subscribership rising, games like World of Warcraft, EverQuest, There and Second Life are big business. Growth has brought litigation. Indeed, some law firms have practice groups addressing this medium's issues.
Data Breaches Are Not Going Away
November 25, 2009
Because the costs of data breaches can be so astronomically high, the importance of ensuring that e-commerce and other types of firms have insurance to cover such claims cannot be overstated.
Dirty Laundry Hanging Out On The Web
November 25, 2009
Online objections to a corporation's products or services ' posted on "complaint" or "gripe" sites by former employees or consumers, or put elsewhere on the Web ' have a greater potential to be significantly more damaging to the target's operations than more traditional expressions of unhappiness.
What's Coming in e-Commerce in 2010?
November 25, 2009
For this year-end edition, because I believe that much of e-commerce law and strategy is no different from what is done in offline business (but people must be shown that it often is the same), I will follow suit and offer my own thoughts on the major trends that will affect online business in the next year.
Roberts ' What's Next?
November 25, 2009
In its decision in <i>Roberts v. Tishman Speyer Properties, L.P.</i>, the Court of Appeals ruled that the current and former owners of the Stuyvesant Town and Peter Cooper Village housing complexes in Manhattan "were not entitled to take advantage of the luxury deregulation provisions of the Rent Stabilization Law ' while simultaneously receiving tax benefits under the City of New York's J-51 program." But there are unanswered questions.
Tax and Pension Considerations in Same-Sex Divorce Actions
November 25, 2009
New York is one if the very few U.S. jurisdictions, other than those states that have actually authorized same-sex marriage, to have given full faith and credit to same-sex marriages validly performed in other jurisdictions. Now we can expect a growing number of same-sex couples, validly married somewhere else, to follow their heterosexual counterparts into New York's divorce courts.
The Iqbal/Twombly Decisions
November 25, 2009
One of the most frustrating and wasteful legal expenses for a medical device or pharmaceutical manufacturer is the cost of defending against claims where its product is ultimately found not to be involved. A discussion of the <i>Iqbal/Twombly</i> decisions and what they mean.
The FTC Blog Rules: Overbroad or Overblown?
November 24, 2009
Despite the panic and misunderstandings, the purpose of the guidelines is to require disclosure by reviewers who present themselves as unbiased but who actually are not. This is a laudable purpose.
The Sorcerer's Apprenticeship
November 24, 2009
Moving to an apprenticeship model holds great promise in helping young lawyers transition into practice and in helping firms show that their young associates can make valuable contributions to client service.
A New Leadership Model Is Needed
November 24, 2009
Even though there are signs that the economy is starting to recover, this recession will have a far great impact on the legal profession than any previous recession in the last 70 years. Here's why.

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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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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