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Identity Theft and Your Income Taxes
February 28, 2015
In 2013, 13.1 million people were victims of some sort of identity-theft. Often, you may think of identity theft as being confined to credit card or ATM fraud, yet there is an epidemic of fraudulent electronically filed tax returns. Identity-related tax fraud is the third-largest theft of federal funds after Medicare/Medicaid and unemployment-insurance fraud.
Franchising in Russia
February 28, 2015
In Part One, last month, we discussed the fact that while international franchising always brings a host of issues and complications, importation of franchise concepts into Russia highlights some critical issues and some lessons for international franchising in a broader context. The discussion concludes herein.
Law Firms Aren't Immune to Cybersecurity Risks
February 28, 2015
Although law firms have managed to remain off the list of the year's biggest data breach victims, firms watching cybersecurity trends most closely are feeling increasingly uneasy about their own security posture.
After Anthem, Diagnosing the Health of Data Security
February 28, 2015
Companies have begun to experience attempts to breach their databases on a frequent basis, and have had to become hypervigilant about protecting their networks against hackers. But once every couple of months, the bad guys get through the defense systems in a big and highly publicized way, showcasing data disaster for company and customers. This was the case in early February when Anthem Inc., the second-largest health insurance company in the U.S., announced it had been hacked.
The Abercrombie Religious Discrimination Case
February 28, 2015
Religious diversity in the United States is increasing, and so are charges of religious discrimination. Between In 2011 alone, the EEOC adjudicated 4,151 charges of religious discrimination. A look at a high-profile case.
Jurisdiction in Product Liability Cases After 2014
February 28, 2015
In 2014, two Supreme Court decisions radically changed jurisdictional rules, which were in place since the middle of the 20th century. These two recent cases will have immediate, far-reaching consequences for all product liability litigators, plaintiff or defense.
e-Discovery Unfiltered
February 28, 2015
Between Jan. 6-22, 2015, Ari Kaplan Advisors interviewed 29 professionals responsible for e-discovery decision-making. We asked them for their perspectives on key vendor management trends, and for their candid impressions of the following 15 companies:
President Obama's Executive Action on Immigration
February 28, 2015
Headlining the Executive Actions announced by President Obama on Nov. 20, 2014, were plans to defer the removal of, and to provide work authorization to, undocumented immigrants who have lived in the United States for more than five years and are parents of U.S. citizens or lawful permanent residents. In addition, the administration will expand the existing Deferred Action for Childhood Arrivals (DACA) initiative.
Leasing Strategies for the Semiconductor Industry
February 28, 2015
To begin, the semiconductor industry is, of course, enormous. The World Semiconductor Trade Statistics (WSTS) released its end-of-year market indicators, showing a solid growth of 9% to over US $333 billion in sales for 2014 over 2013, driven mainly by double-digit growth in the memory products category.
Real Property Law
February 28, 2015
Discussion and analysis of several pivotal rulings.

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    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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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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