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How to Fix Reputational Harm
November 02, 2015
The speed with which negative Internet postings spread can cause immediate reputational harm. To remedy this harm, the nature and extent of the damage must be quantified, which is no easy task. However, new digital tools can now be used to assess and quantify damage caused by these kinds of negative Internet postings.
Managing Security Risks During Labor Disputes
November 02, 2015
Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers and employees. The process is well defined in business terms:
The Ethical Duty to Be Competent in Technology and eDiscovery
November 02, 2015
Lawyers understand that they have an ethical duty to remain competent in the law and its practice. But far fewer are aware that an emerging body of legal-ethics rules and opinions say that lawyers also have a duty to be competent in relevant technology.
<b><i>Online Extra:</b></i> NJ Legislature Moves on Cybersecurity Bill
October 06, 2015
The New Jersey Legislature on Oct. 5 began taking steps toward increasing its ability to combat cybercrime.
<b><i>Online Extra:</b></i> Google, Microsoft Strike Patent Peace Deal
October 05, 2015
Microsoft Corp. and Google Inc. have buried the hatchet on five years of patent litigation.The companies issued a joint statement on Sept. 30 announcing the conclusion of 20 cases being litigated in the United States and Europe. The agreement comes a week after a U.S. Court of Appeals for the Ninth Circuit decision resolving one of their most prominent disputes.
<b><i>Online Extra:</b></i> Judge Tosses $7.3M Award, Grants New Trial in Lady Gaga Case
October 05, 2015
The producer credited with launching the career of Lady Gaga has been granted a new trial after he was ordered to pay $7.3 million to a talent scout who introduced him to the singer.
Relationship Building, Part 2: Check Motivations
October 02, 2015
Relationships only happen when we are committed to make them a priority, and that takes time and a commitment to 'water' the relationship seeds we sow.
<b><i>Online Extra:</b></i> Ninth Circuit Says Google Must Face Advertiser Suit
October 01, 2015
The U.S. Court of Appeals for the Ninth Circuit on Sept. 21 dusted off a seven-year-old class action against Google Inc. over its AdWords keyword advertising program. A Ninth Circuit panel reversed a decision denying class certification to businesses claiming that Google inappropriately charged for ads placed on error pages and so-called parked domains between 2004 and 2008.
<b><i>Online Extra:</b></i> Lawmakers Shelve Digital Afterlife Bill
October 01, 2015
A California Senate committee last month shelved for the year tech-backed legislation aimed at setting rules for how and when a deceased person's online records, e-mails and social media postings can be disclosed.
<b><i>Online Extra:</b></i> Conn. Tech Company Accuses Facebook of Patent Infringement
October 01, 2015
A small technology company in Simsbury, CT, is taking on one of the largest technology companies in the world. ConnectQuest filed a federal lawsuit Sept. 17 claiming that Facebook has infringed upon ConnectQuest's patent for a new technology it developed, known as the "close proximity notification system.

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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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