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Website Accessibility: The Law and Your Business Priorities
Many businesses have never thought to ask whether their customer-facing websites are accessible to people with disabilities, and only become aware of the issue when they are sent a demand letter or served with a lawsuit alleging that their site violates the Americans with Disabilities Act (ADA). Although an ever-increasing number of such demand letters and lawsuits are cropping up each year, the issue of website accessibility remains entirely foreign to many, perhaps most, business owners.
Reflections on <b><I>Kokesh v. SEC</I></b>
August 01, 2017
<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p> <b><i>Part One of a Two-Part Article</I></b><p>In reference to <I>Kokesh</I>, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.
Differing State Laws on Restrictive Covenants
August 01, 2017
<b><I>Employers, Beware!</I></b><p>The law on restrictive covenants varies significantly from state to state, and is governed by the common law, statutes, or a combination of both. Drafting an effective and enforceable restrictive covenant is essential to protecting your interests as an employer as well as the interests of the company as a whole.
Litigation Risk Mitigation Through the Use of Third-Party Litigation Funding
August 01, 2017
Third-party litigation funding is a relatively new, but rapidly expanding litigation financing vehicle. General counsel and commercial litigators would be well served to understand the changing landscape regarding the scope and potential uses of such funding.
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, as well as some recent cases of interest from the courts of Delaware, Michigan, and Texas.
Patent Infringement
<b><i>Supreme Court Turns Back Clock</b></i><p>Although <i>TC Heartland v. Kraft Foods </i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.
Cybersecurity After WannaCry
Following the May 2017 WannaCry ransomware infiltration into over 10,000 organizations and individuals in over 150 countries, it is clear that businesses across industries have no choice but to spend time and resources digesting and culling through the cybersecurity information barrage.
Law Firm Strategy Execs Wield Uneven Clout
The role of chief strategy officer (CSO) — increasingly common in corporate America — has been adopted by relatively few law firms. Consultants say perceptions of what the position entails and whether it's necessary vary widely throughout the legal industry.
Compensation Plans: Director-Specific Limits
A recent decision by the Delaware Court of Chancery serves as a reminder that boards of directors of Delaware corporations should consider amending their companies' director compensation plans to include specific limits on the amount of compensation that a director may be awarded in a given year, and obtaining stockholder approval of such compensation plans.
What Can We Tell About the Trump Administration's Focus on Compliance?
There are a few early signs that the Trump administration will continue to hold companies to the “way of compliance.” But after the first five months of his presidency, there are still questions about where enforcement is heading in specific compliance areas.

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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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