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Cloud Taxes: Are States Heading In Right Direction?
November 30, 2015
It is no surprise that several states and a few cities are looking to tax cloud computing transactions given the increasing popularity of the cloud among businesses.
Prioritizing e-Mail Security in the Legal Sector
November 30, 2015
Data breaches and cyberattacks aren't new occurrences, but it can sometimes feel like they are. It's only in the last few years that we've seen these attacks make headlines more and more, increasing in both quantity and impact.
Trans-Jurisdictional Transactions
November 30, 2015
When company transactions and legal issues cross borders ' so-called trans-jurisdictional transactions ' companies begin facing expansive and complex legal issues related to those transactions.
CISA Passes: What It Means for Organizations and Their Data
November 30, 2015
The Cybersecurity Information Sharing Act (CISA) was passed by the Senate on Oct. 27, and while it still has a few hoops to jump through before it is enacted into law, the hotly debated proposed rules may considerably impact both those organizations holding sensitive data and the users to which that data belongs.
Mobile App Developer Agreements
November 30, 2015
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.
MPAA International Piracy War Yields Two Key Wins
November 30, 2015
The Motion Picture Association of America (MPAA) recently announced that two major piracy websites, Popcorn Time and YTS, were shuttered following pro-MPAA court rulings in Canada and New Zealand.
Components of Transactions for Acquiring Professional Sports Teams
November 30, 2015
Sports team acquisitions have garnered headlines over the past few years, with several recent team prices ranging in the billions of dollars. Not long ago, sports franchises were run like small businesses, with any net profit generated being an additional, but not always expected, benefit. Today, given rising acquisition costs and the lucrative revenue opportunities teams offer, they are run as sophisticated enterprises with the purpose of yielding profit for their well-heeled investors.
<b><i>Online Extra:</b></i> Kroll Ontrack Hires Former Legal Tech Exec as SVP, Legal Technology Sales
November 30, 2015
Craig Carpenter has been around the legal technology industry, having worked as a vice president at Recommind, chief marketing officer of AccessData, and president and chief operations officer of AccessData spinoff Resolution1 Security, among other jobs.
<b><i>Online Extra:</b></i> Big Sports, Big Money and the Future of Fantasy Sports Regulation
November 30, 2015
Daily fantasy sports operators DraftKings and FanDuel are in a fight for their business lives in New York, where the attorney general has accused them of running illegal gambling sites. FanDuel has expanded the fight to California, asking its players to pressure state lawmakers and Attorney General Kamala Harris not to shut down operations in the Golden State.
<b><i>Online Extra</b></i> YouTube to Offer Posters Legal Support to Defend Fair Use of Videos
November 30, 2015
In a sign that YouTube may be willing to push back against indiscriminate allegations of copyright infringement, the company announced it will offer legal support, including covering court costs, to protect some videos on its site that it believes meet the standard of 'fair use' under copyright law but have been challenged with takedown notices.

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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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