The Myth of the Secure Cloud
October 02, 2017
"There's really no such thing as the cloud, there are only other people's computers." This may have been true at first; but it is now worth some investigation if the present threat environment today demands a secure cloud.
DE Supreme Court Clarifies Role of Deal Price In Appraisal Fair Value Determination
October 02, 2017
Corporate practitioners have been closely following developments in Delaware's shareholder appraisal litigation. Much of the interest concerns the court's "fair value" determination and the risk that an acquiring company will have to pay appraisal petitioners more than the merger deal price. In a much-anticipated decision, the Delaware Supreme Court provides valuable guidance about the relative importance of the deal price in the court's adjudication of the "fair value" of a petitioner's shares.
The Equifax Breach: Why This One Is Different
October 02, 2017
This is not the first time that a credit reporting agency has been breached, nor is it the first time that Equifax has reported a breach. What <i>is</i> different with the current breach is its size and the nature of information compromised, as well as the implications of the breach in light of the increasingly complex web of cybersecurity regulations nationwide.
Quarterly State Compliance Review
October 02, 2017
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2017, including amendments to Delaware's corporation and LLC laws.
Children Book Versions of Classic Novels Not Fair Use
October 02, 2017
In 2016, Frederik Colting and Melisa Medina planned to launch a series of 50 children's books, each book summarizing a great novel. They called their colorfully illustrated summaries KinderGuides. In January 2017, the owners of the copyrights to the novels filed a copyright infringement suit against Colting and Medina, resulting in a useful tale for lawyers who advise publishers on either side of such a dispute.
Alternative Fee Arrangements in Complex Litigation
October 02, 2017
<i><b>The Case for Value Billing</i></b><p>Alternative fee arrangements (AFAs) are about value, a benefit legal departments are increasingly pressured to bring to their companies. When hiring an outside lawyer, clients are not looking for "hours," and they certainly are not looking for tenths of hours. They seek value.
Airbnb and Rent Stabilization: A Survey
October 02, 2017
Over the past several years, rent-stabilized tenants have turned to Airbnb and similar services to monetize their below-market leases and earn extra income. Landlords seeking to evict such tenants for profiteering have been largely successful. This article examines the state of "Airbnb" jurisprudence to date.