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Password-Sharing May Be a Federal Crime under the Muddied Waters of the CFAA
February 01, 2018
The Computer Fraud and Abuse Act (CFAA) is a federal statute that provides for not only criminal liability, but also civil liability, when a person accesses…
The Recent Court and Regulatory Battles Behind the Net Neutrality Controversy
February 01, 2018
Though it has been a news focus recently, the legal issue of “net neutrality,” or an open Internet, has been a point of contention between Internet access providers and network users since the mid-1990s. Both sides have zealously but unsuccessfully lobbied Congress with multiple efforts to have desired legislation passed. This has left us instead with shifting regulatory actions taken by the Federal Communications Commission (FCC) attempting to address the issue.
<i>Decision of Note</i>: Charitable Immunity Statute Protects Private University from Concert Suit
February 01, 2018
A woman who fell and injured herself while attending a country music concert at Monmouth University cannot sue the school for damages, a New Jersey appeals court ruled in a divided decision that potentially sets the case up to be heard by the state Supreme Court.
Some Law Firm Leaders See Rosy 2018 Ahead
February 01, 2018
When it comes to law firm business, not everyone is depressed about the slow growth that plagued many firms in 2017, and that's predicted to persist into the new year. Or at least they won't admit it.
How to Build a Business Development Culture
February 01, 2018
Law firms face all kinds of problems when they try to cultivate a business development culture. The guiding principle for overcoming these obstacles is to find strategies that lawyers can get excited about. People are more willing to be engaged in projects that are interesting and exciting. Here are ten tips for building a business development culture.
The National Opioid Epidemic: The Emergence of a Multi-Layered Approach
February 01, 2018
On Oct. 26, 2017, Eric D. Hargan, Acting Secretary of the Department of Health and Human Services, announced that, as a result of the opioid epidemic, “a public health emergency exists nationwide.” As a result, counties, states and the federal government have mounted an attack on the pharmaceutical industry.
Cybersecurity Spending at Law Firms, Legal Departments Is Predicted to Increase in 2018
February 01, 2018
As law firms and legal departments finalize their 2018 budgets, many lawyers in both the United States and Canada plan to increase cybersecurity spending.
Recovering Administrative Claims in Chapter 9 Bankruptcy and Title III of PROMESA
February 01, 2018
Municipal bankruptcies under Chapter 9 of the Bankruptcy Code are rare. These cases are often filed to adjust bonded indebtedness and pension obligations. Congressional authorization for Puerto Rico and its instrumentalities to file for bankruptcy under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) was similarly out of concern for excessive bond debt and pensions.
Five Ways to Eliminate the Need for a Corporate Monitor
February 01, 2018
Government-imposed corporate monitors — once a rare occurrence in the U.S. — are now commonplace, not only with domestic regulators, but also with regulatory agencies in various other countries, in connection with enforcement proceedings and prosecutions for criminal offenses such as anti-corruption violations and other misconduct.
Regulating Interior Landmarks
February 01, 2018
What powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it.

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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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