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EU's Antitrust Move Against U.S. Studios
September 02, 2015
The European Commission's (EU) recent decision to file antitrust claims against six major U.S. film studios is an aggressive approach at dismantling how Hollywood does business. Even so, it comes as little surprise to antitrust experts given the regulatory agency's push to unify consumer access to digital products in the European Union.
FTC, Federal Court Views on Fraud In Crowdfunding
September 02, 2015
In a release this summer, the FTC announced it had brought and settled its first case involving crowd-funding. The defendant raised more than $122,000 through Kickstarter to produce a Monopoly-like board game geared toward H.P. Lovecraft fans. According to the FTC's complaint, defendant used the Kickstarter proceeds to pay for personal expenses, including his move to Oregon. The settlement order should serve as a reminder that strong legal remedies at both the state and federal level are available to defrauded contributors.
FTC, Federal Court Views on Fraud In Crowdfunding Ventures
September 02, 2015
In a release this summer, the FTC announced it had brought and settled its first case involving crowd-funding. The settlement order should serve as a reminder that strong legal remedies at both the state and federal level are available to defrauded contributors.
Cybersecurity Data Sharing Now Available To Law Firms
September 02, 2015
Law firms now have access to a platform that allows them to share data on cybersecurity threats anonymously.
Significant UK Court Ruling on Data Protection Liability
September 02, 2015
The UK's Court of Appeal gave a very important judgment in March 2015 in a case concerning Google's Internet behavior tracking through a browser. First, misuse of private information is now classified as a tort, thereby in this case enabling proceedings to be issued against a party outside the jurisdiction of the UK; and, second, financial compensation for distress caused by breaches of the Data Protection Act 1998 may now be claimed, despite there being no monetary loss.
e-Mail Risk Mitigation For Law Firms
September 02, 2015
Each day, attorneys create and handle documents that require strict confidentiality to avoid loss of evidentiary privileges. In today's digital workplace, many of these files are exchanged via e-mail. While e-mail allows for convenience, speed and portability, each attorney using e-mail must ask before sending: "Am I putting my client's confidentiality needs and expectations, as well as my ethical obligations, at risk?"
Data Sharing in the Cloud
September 02, 2015
Storing and sharing data "in the cloud" has become, in many instances, a business necessity. The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house.
Online Impersonation Continues, With Varying Consequences
September 02, 2015
Online impersonation is defined in the New York Code provisions that prohibit the practice, as the act of impersonating another "under an assumed character with intent to obtain a benefit or to injure or defraud another." The foremost case brought under this law, <i>People v. Golb</i>, in many ways epitomizes the bizarre and highly esoteric reasons why someone chooses to impersonate another in the first place.
<b><i>Online Extra:</b></i> Yelp Fends Off Suit Seeking Pay for Posters
August 31, 2015
Lawyers for Yelp Inc. scored a victory in August over plaintiffs who had demanded to be paid for reviews they posted to Yelp's website.
<b><i>Online Extra:</b></i> Facebook Readies for Battle Over Biometrics
August 31, 2015
Facebook Inc. will have home court advantage in a trio of privacy class actions claiming the company violated an Illinois law governing the collection of biometric data with its 'tag suggestion' feature.

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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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