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Federal Judge Rules For Defendant in Porn Copyright Case
February 28, 2015
An anonymous <i>pro se</i> defendant has beaten copyright infringement claims brought against him in federal court by a maker of pornographic videos. The defendant's victory runs counter to the result in a similar case in front of a different Eastern District judge.
Technology for Meaningful Legal Collaboration
February 28, 2015
Current discussions of electronic discovery and legal technology often focus on strategies for managing large volumes of data as it is funneled through different phases of the EDRM. Yet an important part of the discovery process ' case analysis and legal strategy ' has been a niche left unaddressed by traditional technologies.
How to Obtain Social Media Data For Defending Lawsuits
February 28, 2015
Obtaining social media user content under most circumstances is extremely difficult ' unless you use the correct strategy. Simply sending discovery requests without a basic understanding of the information available is a fool's errand. It is pivotal that a practitioner who wants to conduct formal discovery of social media user content understand how each site stores and communicates its data.
Creditors' Rights in Chapter 11: Use Them or Lose Them
February 28, 2015
The old adage "use it or lose it" applies at every stage of a Chapter 11 case.Nowhere is this seemingly harsh ' but essential ' reality more evident than in the ongoing saga of a group of three holders of gift cards, totaling $225.00 in value, issued by the now-defunct Borders bookstore chain.
Data Security Breaches
February 28, 2015
In April 2014, the U.S. District Court for the District of New Jersey decided that the FTC could pursue a claim that a hotel company's failure to have adequate data security measures is an unfair trade practice. The agency believes that data security is a basic responsibility of any company that accepts consumer personal information.
Rent Acceleration Clauses in New York
February 28, 2015
When is a rent acceleration clause in a commercial lease enforceable? The Court of Appeals recently addressed that question and gave an answer that is unlikely to be helpful to anyone but litigators: The court, however, provided little guidance about when a rent acceleration clause would constitute a penalty.
NJ Federal Judge Upholds $7.3 Mil. Award for Lady Gaga Talent Scout
February 28, 2015
The producer credited with launching Lady Gaga's career lost his bid to trim the $7.3 million he was ordered to pay a talent scout for introducing him to the singer.
Disputes over Noise Levels from Live Performances
February 28, 2015
Noise complaints have long been an occupational hazard for venue operators, musicians and concert promoters. The surge in the electronic dance music scene has added to the number of complaints. What might be enjoyable entertainment to one person may sound like a thunderous racket to another.
In the Courts
February 28, 2015
In-depth analysis of two major rulings.
Problematic Lease Provisions: The Top Three Offenders
February 28, 2015
Although every commercial lease is unique, there are three provisions that often create the most problems for landlords and tenants: self-help repossession provisions, restrictive covenants, and repair provisions. This article discusses those provisions.

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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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