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The Raising of a Privacy Shield
February 29, 2016
On Feb. 2, 2016, the U.S. Department of Commerce and European Commission unveiled a new framework for personal data transfers from European Union (EU) Member States to the U.S. The new framework ' dubbed the EU-U.S. Privacy Shield ' will replace the EU-U.S. Safe Harbor program, which was invalidated by the European Court of Justice (ECJ) in 2015.
e-Discovery In 2016 and Beyond
February 29, 2016
Electronic discovery is an ever-changing part of the legal profession. Just when lawyers and their clients feel as though they've mastered the discovery of digital evidence, the rules change or technological advances make e-discovery an even greater challenge.
Man-in-the-Middle Attacks
January 31, 2016
During the last week of December 2015, several law firms in New Jersey were the victims of non-trivial data breaches. Each firm was a victim of "man-in-the-middle" attacks, whereby a hacker first acquires access to a firm's server, then, using said access, the hacker redirects all e-mails associated with the firm's server to a hacker's server and subsequently changes payment information and other information in those e-mails to defraud the firm and others working with the firm.
Consumer Review Legislation, Litigation Appear On the Horizon
January 31, 2016
Viewing, evaluating, or even writing consumer reviews, has become a ubiquitous element of the present day Internet experience for most users. Authentic customer reviews manifest indicia of reliability and candor that are believed not to be present in reviews that are motivated by financial interest, though many review sites do contain numerous reviews from advertisers masquerading as objective consumers.
Marketing Tech: Embracing IoT and Big Data Means Future Success
January 31, 2016
These days, we are continually being bombarded by one new tech concept after another ' the most current being IoT (or the Internet of Things) and Big Data. To feel secure moving our businesses forward among the onslaught of all these changes, it is necessary to simplify our understanding to bring peace to the progress of our quickly advancing world.
Facebook's $20 Million Privacy Settlement Clears Appeals Court
January 31, 2016
The U.S. Court of Appeals for the Ninth Circuit on Jan. 6 upheld a $20 million class action settlement that resolved privacy claims against Facebook Inc. over a feature that posted users names and images along with advertising promotions.
Mobile Mayhem: Smartphones and Security (Or the Lack Thereof)
January 31, 2016
"It's a mobile jungle out there, and your corporate data is too valuable to just bungle through it."
Mobile App Developer Agreements
January 31, 2016
Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful remedies to problems that arise.
Triple Play Status Update: Firings for Employees' Facebook Activity Unlawful
January 31, 2016
On Oct. 21, 2015, the Second Circuit affirmed a 2014 decision by the NLRB overturning the terminations of two employees who had complained about their employer on Facebook.
'Obstetric Violence' and Modern American Medical Jurisprudence
January 31, 2016
A recent Yahoo! Parenting article grouped a particular lawsuit under the larger rubric of "obstetric violence." But, what is "obstetric violence" and how does it fit into the modern American medical jurisprudence?

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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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