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Applebee's Cannot Sue over Internet Post Charging Harassment Image

Applebee's Cannot Sue over Internet Post Charging Harassment

Mary Pat Gallagher

A New Jersey judge has dismissed a defamation claim by an Applebee's restaurant franchisee against a man who wrote online of sexual harassment of female employees.

Features

Assessing Challenge To Damages in File-Sharing Litigation Image

Assessing Challenge To Damages in File-Sharing Litigation

Eric R. Chad & William D. Schultz

The recording industry estimates that music piracy has cost it billions of dollars during the past 15 years. Facing the potential for an industry-wide collapse, the Recording Industry Association of America (RIAA) undertook its aggressive litigation campaign to protect itself and its constituents from copyright infringement by suing individual file sharers. After fighting a public relations battle over some of its tactics, the RIAA has chosen to temper its aggressiveness. The RIAA is instead forming relationships with ISPs that maintain the online accounts of the consumers.

Features

e-Commerce Activity Makes Gains, Though Still Down Since Economy Crunch Image

e-Commerce Activity Makes Gains, Though Still Down Since Economy Crunch

Michael Lear-Olimpi

Rock-solid numbers on economic activity are tough to come by, but if the U.S. Census Bureau's preliminary estimates of retail e-commerce sales can be considered the closest thing to rock-solid numbers, then the nation's economy may be starting the long recovery economists said would come.

Features

'Hold the Arbitration Clause, Hold the Attorney Fees!' Image

'Hold the Arbitration Clause, Hold the Attorney Fees!'

Stanley P. Jaskiewicz

Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don't get to negotiate each clause, generally, are consumers and small-business customers ' and e-commerce buyers.

Features

Social Networking And Legal OnRamp Image

Social Networking And Legal OnRamp

Brett Burney

True to all the hype, social networking tools are posed to be the next stage in the evolution of effective client communication. You've been under a rock if you haven't been confronted by the buzz about MySpace, Facebook, Twitter or LinkedIn. These are the most popular online social networking communities, but none of them are specifically targeted to the legal profession (unless your clients enjoy gaudy, blinking Web pages or virtual flowerpots).

Features

Getting Smart About Managing Smartphones Image

Getting Smart About Managing Smartphones

Andrew Collier

In a recent study, management-consulting firm Altman Weil cited lack of responsiveness as the number one reason clients terminate the services of a law firm. Lawyers need to have reliable, continuous access to clients ' whether they are on the road with a smartphone or in the office behind a desk. Having access to the firm's experienced professionals and extensive supportive resources without service errors, delays or interruptions is critical when a case is on the line.

Features

Sorting Software With the e-Discovery Application Matrix Image

Sorting Software With the e-Discovery Application Matrix

Ari L. Kaplan

With so many products that describe themselves as end-to-end solutions and the resulting struggle in the legal technology community in determining which products solve a particular problem, it was only a matter of time before an enterprising consultant created a tool to navigate the sea of product information.

Features

New Jersey Truth in Music Advertising Law Applies to Common Law Service Marks Image

New Jersey Truth in Music Advertising Law Applies to Common Law Service Marks

Stan Soocher

Since 2004, Truth in Music Advertising statutes have been enacted in more than 26 states. These laws, aimed at preventing consumer confusion between a recording group and a performing group, set forth several conditions, at least one of which must be met to legally use the name of a music group in conjunction with a concert performance. In April 2009, the U.S. District Court for the District of New Jersey issued a ruling in a case that involved the constitutionality of that state's law.

Features

Boom, Boom, Boom Image

Boom, Boom, Boom

Stanley P. Jaskiewicz

While it is helpful to be able to research issues online and communicate with key employees while sitting at the board table, I find that the level of distraction from the board's deliberations has diminished the value of these meetings, for me and for the company. While this problem is certainly not limited to e-commerce or technology firms, I think that the great reliance on such technology by their executives and directors makes the legal duty to "pay attention" even more of a pressing issue for such firms.

Features

Sonnenschein Improves Financial Analysis and Decision-Making Image

Sonnenschein Improves Financial Analysis and Decision-Making

Andrew Jurczyk

Having outgrown the labor-intensive ways of creating budgets and monitoring the firm's performance, we decided in early 2008 to update the financial planning and analysis processes with new technology solutions.

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MOST POPULAR STORIES

  • 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.
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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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