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Leasing Strategies in a World of Flux
June 02, 2015
As more and more commercial clients move their legal teams in-house, competition among law firms continues to grow. With the legal industry still feeling negative impacts from the financial crisis, a considerable number of law firms have been pooling expertise and gaining market share through mergers and acquisitions.
'Customary Operations' or a Vacant Building?
June 02, 2015
Many times, courts are faced with the question of whether a loss location is "vacant" under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered "customary operations," thereby rendering the property "vacant."
Cloud-Computing Agreements
June 02, 2015
Strong agreements are essential for any cloud service that supports critical IT systems. While the circumstances of each cloud implementation are different, this article provides an overview of key areas that need to be considered for any agreement to acquire cloud-based services.
Second Circuit Allows Facebook Posts As Evidence
June 02, 2015
Introducing a rap video and images of tattoos from a defendant's Facebook page as evidence in a drug-and-murder gang prosecution did not violate the rights of the accused, a federal appeals court held in May.
<b><i>Social Media Scene:</i></b> How Social Are Your Social Media Activities?
June 02, 2015
The modifier "social" is supposed to separate social media from other forms of marketing and PR. But the tactic's social aspect is also the part that either prevents us from using it or from using it as the two-way communication tool it's supposed to be.
Using a Service Mark In Commerce
June 02, 2015
The Federal Circuit has now ruled that advertising a service that the applicant intends to provide in the future, but is not actually providing on the date of the application, is not "use in commerce." Thus, advertising submitted to the USPTO with a use-based application as a specimen of use of the mark in commerce, must relate to existing services already being provided to customers.
Navigating the Minefield of U.S. Export Control
June 02, 2015
While the export control regulatory framework can present a dizzying array of requirements for exporters, companies also risk being held responsible for the activities of others, including those abroad who trans-ship their products to destinations embargoed by the United States, or in violation of U.S. licensing or regulatory requirements.
Get a (Law) Firm Grip on Data Breaches
June 02, 2015
Law firms are as much at risk for cyber attacks as any other industry. Because of the lack of reporting requirements in the industry, it is unclear how many breaches have actually occurred. This article describes some of the reasons law firms are cyber-attack targets, steps they can take to reduce their risk, and what clients are doing to encourage law firms in those efforts.
Get a (Law) Firm Grip on Data Breaches
June 02, 2015
Law firms are as much at risk for cyber attacks as any other industry. Because of the lack of reporting requirements in the industry, it is unclear how many breaches have actually occurred. Fortunately, law firms are now recognizing the risk and beginning to take preventive action. This article describes some of the reasons law firms are cyber-attack targets, steps they can take to reduce their risk, and what clients are doing to encourage law firms in those efforts.
Cybersecurity Lawyers Getting Plenty of Company
June 02, 2015
High-profile data breaches in the past few years have been a wakeup call for corporate America ' and made cybersecurity and data privacy the next "it" practice for lawyers. There's been a gold rush to the field, practitioners say ' and the potential rewards have attracted some Johnny-come-latelies and pushed attorneys to seek out new ways of distinguishing themselves as experts.

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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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