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Due Diligence in Distressed Community Hospitals
August 01, 2018
Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.
Book Review: Cybersecurity Program Development for Business: The Essential Planning Guide
August 01, 2018
While many business owners and executives understand that a data security problem/need exists, they do not have a baseline fluency in the concepts and alphabet soup that comprise the language of digital information security. To this extent, Chris Moschovitis' new book is an effective cybersecurity primer for the management community.
Bit Parts
August 01, 2018
Cryptocollectible Concept Denied Trade Secret Protection<br>Jefferson Starship Co-Founder Loses Anti-SLAPP Motion Against Current Members of Band
Blockchain and GDPR — Frenemies?
July 01, 2018
In a nutshell, GDPR mandates that individuals have access and control over the use and maintenance of their data in certain circumstances, while the foundation of blockchain relies on the immutability of data. On the surface, these concepts seem in direct conflict with each other. This article discusses the points where GDPR and blockchain share common ground, where conflicts may exist and possible approaches for mitigating those conflicts.
Why Encryption Is the Key to Ensure Data Privacy in the Cloud
July 01, 2018
At both a personal and corporate level, there are huge gains to be made in protecting against data breaches. The fact is that well-implemented client-side encryption — where the corporate user keeps their own key rather than entrusting a third party to guard their sensitive information — is the only sure way to guarantee data privacy when storing data on other people's servers.
This is Not Your Father's Cloud (Part Two)
July 01, 2018
<b><i>Part Two of a Two-Part Article</b></i><p>In Part One of this article last month, we began a discussion designed to demystify the hesitations behind cloud security and analyzed the fast-growing transformation to a range of newer technical approaches with important consequences for legal practice. This month we continue the discussion by tackling the security and legal implications of the mass transformation of enterprise IT to cloud services from leading providers such as AWS and Azure.
Balancing Fourth Amendment Expectations in the Electronic Era
July 01, 2018
As rapid technological changes in the 21st century continue to expand the types and volume of private electronic information, the Fourth Amendment's privacy protections are evolving. The critical question in Fourth Amendment cases is whether a person has a “reasonable expectation of privacy in the information or event.”
Cryptography's Legal Landscape
July 01, 2018
The same applications, and the same cryptographic protocols, don't function in the exact same ways when appearing in 'the same software' utilized in different control devices. What, if any, are the legal ramifications of differing delivery mechanisms for the same cryptographic functions that may or may not perform the same?
You're Fired!
July 01, 2018
<i><b>Dealing With a Job Loss</b></i><p>The chances are that many of us will either be terminated or laid off from at some point in our careers. It happens. How you deal with the loss of a job and get back on your feet as quickly as possible is what's important.
The DOJ's Latest Opioid Crime-Fighting Tool: The Civil False Claims Act
July 01, 2018
<b><i>The U.S. Department of Justice Is Now Using The False Claims Act — Traditionally a Civil Enforcement Tool — to Combat the United States' Sweeping Opioid Epidemic</b></i><p>The use of the FCA is part of a larger DOJ strategy to develop multi-faceted solutions for this public health emergency.

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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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