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EU Push to Filter 'Illegal' Content Raises Alarms in Silicon Valley
The European Commission (EU) is ramping up pressure on tech companies to more aggressively use automated filtering to scrub "illegal" content from the Internet, a move that is drawing criticism from some lawyers and free speech activists in Silicon Valley.
Reflections on the Life Partners Holding Inc. Bankruptcy
Many bankruptcy practitioners are at least somewhat familiar with the highly publicized proceedings involving Life Partners Holdings Inc. (LPHI), a company that sold fractional ownership interests in life insurance policies — referred to as life settlements. This case was as complex as any could imagine and, as the Trustee appointed to manage this bankruptcy, the author had a front-row seat.
New Sources of Discoverable Evidence
<b><i>Part Two of a Two-Part Article</i></b><p>Last month, the author discussed some of the technologies people are using today, such as fitness trackers and intelligent personal assistants, and the e-discovery implications they entail. Like these, automotive "Black Boxes" and drones could yield important information for those seeking evidence in a legal action.
Is Electricity a 'Good' Under Article 9?
Can a creditor obtain a security interest in electricity under UCC Article 9? It covers security interests in fixtures and personal property. Clearly, electricity is not real property or a fixture. But what kind of personal property is it?
'Healthy' Food Labeling
In 2017-2018, the food industry can expect to see fundamental change in the regulations regarding use of the word "healthy" in food packaging, and showdowns over class actions challenging food label claims.
<b><i>Marketing Tech:</i></b> Data Science for the Law
"Data Science" and "Artificial Intelligence" are terms being thrown around in every field, including legal. But what are they? Why are they generating so much excitement these days? There are many definitions out there, but Data Science is really just statistics of the real world, including business and customer data. The question is how do you get the right statistics?
Retail Restructuring
Various debt-burdened retailers are looking to their intellectual property assets as a source of untapped value for refinancing transactions. While it remains to be seen which strategies will be most successful, IP assets will play a key role in future retail restructurings.
Law Firms, Partners Await Answers on Trump Tax Plan
Will big law firms and their partners benefit from the new Republican tax plan promoted by President Donald Trump? Not necessarily, according to tax experts who say some gains may be eroded by loss of crucial deductions.
Emergency Shutdowns and Employee Compensation
In the face of acute weather-related conditions or other emergencies, how do you pay your employees during emergency shutdowns? Here's all you have to know.
Bit Parts
No Trademark Protection for <i>Dirty Dancing</i> Phrase Used in Financial Services Ad

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  • 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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