When Is Equity Value Really Zero?
August 02, 2014
In the past few years, we have seen several of our valuation assignments conclude with "zero value," which is hardly pleasing. Not only is this type of opinion stressful, it also contributes to expert and attorney fees where fee containment may be one of the underlying objectives of the clients.
New Jersey Manufacturers and Punitive Damages
August 02, 2014
The state of New Jersey is home to the headquarters of 17 of the the top 20 drug-producing companies in the world. An incentive for pharmaceuticals manufacturers to move to or stay in New Jersey is surely its business-friendly laws. One such law has been at the center of several litigations nationwide, as New Jersey drug manufacturers try to export to other states the favorable treatment they receive in their home state.
Supreme Court Upholds Lanham Act Claim in Juice Wars
August 02, 2014
Pomegranate juice is the subject of an intense legal battle between POM Wonderful and Coca-Cola Co. In its Lanham Act challenge, POM alleges that Coke's juice product's name, label, marketing and advertising mislead consumers into thinking the product is mostly a pomegranate and blueberry juice when it in fact is mostly apple and grape juice.
Coverage for Communications Costs
August 02, 2014
In complex litigation, public perceptions of the parties and the facts can have a significant effect on the ultimate size of the defendant's liability. For example, an early and compelling public recitation of facts favorable to the defense may dissuade some potential plaintiffs from joining the litigation.
Case Notes
August 02, 2014
Discussion of two major rulings.
Insurance Coverage Disputes over Data Breaches
August 02, 2014
Each day, businesses become progressively more dependent on computers and the Internet to gather, store and protect information. But, as sophisticated as this technology may be, it has also proven to be susceptible to breaches, which have time and again resulted in the unauthorized access of confidential information.
Employee Departures and Data Loss
August 02, 2014
There are numerous ways to lose or fail to identify employee electronically stored information that could reasonably be relevant to litigation or a subpoena, and it seems that new sources appear regularly.
Collecting Social Security Numbers
August 02, 2014
The mere collection of SSNs may put businesses in violation of state laws, in addition to the liability they may face for failing to protect the SSN information.