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FTC Staff Proposal Raises the Bar for Behavioral Advertising Image

FTC Staff Proposal Raises the Bar for Behavioral Advertising

D. Reed Freeman, Jr.

On Dec. 20, FTC staff released for public comment proposed online behavioral-advertising privacy principles in an effort to guide self-regulation of this nascent industry. The release of these Principles followed a two-day Town Hall meeting the FTC held late last year on behavioral advertising, which itself followed the FTC's Tech-Ade Workshop in 2006.

Features

Survey of Recent Developments in Criminal Antitrust Law Image

Survey of Recent Developments in Criminal Antitrust Law

David J. Laing

There have been numerous developments in U.S. criminal antitrust law over the last half-decade ' in legislation, judicial opinions, and the publicly stated enforcement policy of the Antitrust Division of the Department of Justice (DOJ). While none have been watershed events individually, in the aggregate they fundamentally impact representation of companies or individuals under investigation for antitrust violations. This article outlines the cumulative effect of these developments and indicates how representation of companies under antitrust investigation has changed over this period.

Features

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

The Latest on 'No Match' Letters Image

The Latest on 'No Match' Letters

John D. Shyer & Phillip J. Perry

Part One of this article described the background, key provisions and legal challenges to the 'No-Match' regulations. The conclusion herein offers strategies for employers.

Features

The Rise in Family Responsibility Discrimination Cases Image

The Rise in Family Responsibility Discrimination Cases

Carolyn Plump

Part One of this article began a discussion of the dramatic increase in cases alleging caregiver discrimination. Part Two herein discusses the most recent cases and guidelines involving this area of the law, and how employers can best protect themselves, given the explosion of family responsibility discrimination (FRD) cases and the open issues that could further impact the number of FRD filings.

Features

The Latest on 'No-Match' Letters Image

The Latest on 'No-Match' Letters

John D. Shyer & Phillip J. Perry

In the wake of a failed attempt to negotiate legislation for comprehensive U.S. immigration reform with Congress, the Bush Administration recently announced a series of 'regulatory' reforms to tighten immigration enforcement. Perhaps the most significant and controversial of those reforms is the Department of Homeland Security's new regulation addressing 'no-match' letters. Although the new regulation has been temporarily enjoined pending a hearing in federal court, employers should begin considering how they will comply with it if an injunction is not granted.

Features

New NJ Law Allows Pulling Plug on Sex Offenders' Access to Internet Image

New NJ Law Allows Pulling Plug on Sex Offenders' Access to Internet

Michael Booth

Legislation signed last month will allow New Jersey judges to restrict Internet access for convicted sex offenders and make it easier for law enforcement to monitor their online activity.

Features

Special Report on e-Discovery: Making e-Discovery Cost-Effective for Smaller Companies Image

Special Report on e-Discovery: Making e-Discovery Cost-Effective for Smaller Companies

Richard B. Friedman

In the days of only paper documents, smaller companies could afford to wait until they became involved in a lawsuit to worry about pre-trial discovery, but today's reliance on digital information makes that a risky and unnecessarily expensive strategy.

Features

Sarbanes-Oxley and Open Source Image

Sarbanes-Oxley and Open Source

Sue Ross

If you use software and work for or with a company subject to Sarbanes-Oxley ('SOX'), then 2007 was an interesting year for you. How interesting? I'll raise some issues arising from the intersection of the topic of software use and SOX from last year to help you keep to a minimum the risk that 2008 will be an interesting year in some very bad ways.

Features

German Data Retention Law Takes Effect Image

German Data Retention Law Takes Effect

Dr. Katharina Scheja

The controversial German draft bill designed to amend legislation on communications surveillance and other secret investigation measures, and to implement the European Directive 2006/24/EC ' which was set to introduce mandatory retention of communications traffic data ' went into effect on January 1.

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    “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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