Features
Applying the ACC Value Index to e-Discovery Providers
Understanding how providers address the rating categories of the ACC Value Index as part of their everyday services and practices will make it much easier to assess the value received ' and should result in a much more predictable, cost-effective approach for managing the process.
Features
Policing Workplace e-Mail Use
A company's decision on where to draw the line on personal use of workplace computers poses a great challenge to employers, and recent court rulings do not make the decision and its enforcement any easier.
Features
Five Steps for Managing the Risks Associated with Sensitive Data
The trend toward cloud computing, use of third-party application service providers, and outsourcing functions that can include payroll, benefits, marketing and more, multiply the potential vulnerabilities, and up the ante when it comes to managing data-related risk.
Features
<i>Tiffany v. eBay </i>
The recent decision of the Second Circuit in connection with the appeal in <i>Tiffany (NJ) Inc. and Tiffany & Company v. eBay, Inc.</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without ever selling the goods and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
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Media & Communications Corner: 21 Apps That Can Make You More Effective
Staying competitive means always being on the lookout for new ways to accomplish tasks faster, cheaper and better. The stellar tools highlighted herein will help you be more effective on the job ' and, perhaps, more secure.
Features
D.C. Circuit Ruling Starts Next Phase in Debate Over 'Net Neutrality'
Comcast Corp.'s courthouse victory over the FCC in April might not turn out to be a win for the company after all if it speeds the path for wider regulation of broadband services. In a move that some say would spark the "World War III" of communications law, advocates for consumers and content providers want the FCC to reclassify Internet service providers as telephone-style common carriers.
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NY Court Rules Film Securities Suit Against Paramount Lacks Viable Claim
The U.S. District Court for the Southern District of New York dismissed a securities suit brought by several investing financial institutions against Paramount Pictures.
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IT Strategies to Make Firms More Efficient and Competitive
IT had never really been viewed as a profit center, only as necessary overhead. In the many years that IT has been fulfilling that role, we've seen an explosion of software and hardware choices to meet all of our daily needs. Now, you name the need and chances are good that there is an application out there to meet that need. With this comes a lot of investment: research, trial periods for testing, hardware, software, added personnel, training and consultants to name just a few.
Features
Uncertainty for FCC's Net Neutrality in Wake of Comcast Ruling
In the wake of a stinging defeat in court, the Federal Communications Commission finds its ability to regulate the Internet in question, its signature "net neutrality" initiative hanging by a thread. Now, the agency faces several unpalatable options.
Features
DIY e-Commerce Law
Entrepreneurs in e-commerce have long thrived on serving those who subscribe to the "do it yourself" ("DIY") method of doing business. Legal services are no exception to this trend. Online self-help legal sites, such as nolo.com, have grown in tandem with the general expansion of online commerce. But there are still times when it really is dangerous to "do it yourself" and when it is best to rely on trained professionals.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›