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<i>Triple Play</i> Status Update: Firings for Employees' Facebook Activity Unlawful
December 31, 2015
On Oct. 21, 2015, the United States Court of Appeals for the Second Circuit affirmed a 2014 decision by the NLRB overturning the terminations of two employees who had complained about their employer on Facebook. Here's a look at that decision.
Investigations in Developing Countries
December 31, 2015
Conducting an internal investigation into questionable company conduct is universally a stressful experience. Imagine having to handle all that in a remote location, thousands of miles and multiple time zones away, in a developing part of the world with logistical and infrastructure challenges, and with cultural, political and legal systems that differ markedly from those in the United States.
Hello, Kitty! Can You Smell That Smell? It's a Covered Loss!
December 31, 2015
The NH Supreme Court's recent decision in <I>Mellin v. N. Sec. Ins. Co.</I> is getting some attention, and not just because it's fun to talk about cat pee. The case sets a very important precedent regarding the definition of the term "physical loss" and the construction of pollution exclusions in NH property insurance policies.
<b><i>Online Extra:</b></i> Phishing, Attacks Top Data Concerns of Law Firm CIOs
December 31, 2015
Detection and deflection: It may seem like an old boxing adage, but what it really stands for, as our ALM sibling The American Lawyer's 20th annual technology survey finds, is law firms' re-engineered approach to security.
5 Key Reasons to Map out an Effective Marketing Plan
December 30, 2015
End the 'shotgun approach' to marketing this year. Stop spending unwisely and on random acts of marketing. Find your way to success by planning for it by developing a marketing map.
Data Analytics Is Low for Corporate Investigations
December 30, 2015
Social media has become the dominant channel of communication for a spectrum of users ranging from individual bloggers to billion-dollar corporate conglomerates. However, a recent survey indicated that the use of data analytics on social media is lacking in corporate legal investigations, despite its potential.
<b><i>Online Extra</b></i> Home Depot Settlement With MasterCard Riles Lawyers For Data Breach Plaintiffs
December 30, 2015
An apparent settlement between Home Depot and MasterCard International Inc. over a massive customer data breach last year has prompted lawyers for financial institutions that are suing the Atlanta-based home improvement chain for damages caused by hackers to cry foul.
Update on NY AG's Suits Against Daily Fantasy Sports Cos.
December 29, 2015
In mid-December, Manhattan Supreme Court Justice Manuel Mendez granted N.Y. Attorney General Eric Schneiderman's motion to halt daily fantasy sports (DFS) sites DraftKings and FanDuel from doing business in the state.
No Sliding Scale Test for Access To Copyright
December 29, 2015
The U.S. Court of Appeals for the Fifth Circuit declined to adopt a 'sliding scale' test for determining whether one song was strikingly similar to the other in a copyright infringement suit.
<b><i>Online Extra:</b></i> Phishing, Attacks Top Data Concerns of Law Firm CIOs
December 28, 2015
Detection and deflection: It may seem like an old boxing adage, but what it really stands for, as our ALM sibling The American Lawyer's 20th annual technology survey finds, is law firms' re-engineered approach to security.

MOST POPULAR STORIES

  • 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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