M&A in 2011: Maximizing Value with Effective IP Due Diligence
February 17, 2011
The best IP deal for your company is the one that gets you the most bang for your buck. Getting the most value out of a deal—or wisely deciding not to do a deal—w...
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Second Circuit Leaves Intact Ruling Limiting Jurisdiction of Alien Tort Statute Over Corporations
February 16, 2011
On February 4, 2011, the United States Court of Appeals for the Second Circuit denied en banc reconsideration of a September ruling in Kiobel v. Royal Dutch Petroleum Co...
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Case Study: Centillion v. Qwest
February 2011
Law360, New York (February 7, 2011) -- On Jan. 20, 2011, the Federal Circuit addressed for the first time direct infringement of a "system" claim based on "use...
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Whistleblower Bounty
February 16, 2011
If asked to identify the most significant provisions in the Dodd-Frank Wall Street Reform Consumer Protection Act, few executives would identify the Act's...
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Who Knows Best? Employees Should Be Trusted to Manage Their Own Business Data
February 2011
Are some courts effecting a quiet, but potentially very costly, change in the way large data-producing entities manage their data? A handful of decisions suggest that some...
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Proposed California Legislation Would Give State Labor Commissioner Authority To Award Liquidated Damages Against Employers
February 11, 2011
Employers with California operations should be aware of proposed legislation that is intended to give the California Labor Commissioner...
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Second Circuit Rules That Gifting By Secured Creditors To Junior Interests Violates Absolute Priority Rule
February 11, 2011
The Second Circuit Court of Appeals filed its opinion on February 7, 2011, in In re DBSD North America, Inc., 2010 US App. LEXIS 27007, 2011 Westlaw 350480 (2d Cir. Feb...
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New California Supreme Court Opinion Prohibits Retailers From Collecting Zip Codes In Connection With Credit Card Transactions
February 11, 2011
A February 10, 2011 opinion by the California Supreme Court has changed the rules governing retailers’ practices in collecting personal information in connection with...
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IRS Gives Taxpayers with Undisclosed Offshore Accounts a Second Chance
February 9, 2011
The Internal Revenue Service (" IRS ") has given taxpayers with undisclosed foreign financial accounts and assets a second chance to settle their tax...
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Texas Power Outages Cause Immediate Issues for Industry and Market Participants
February 9, 2011
During last week’s winter storm, over 80 power plants in Texas failed to respond when their output was needed to supply customer demand. Consequently, the Electric...
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The Threat to California's Climate Change Efforts
February 8, 2011
In December 2010, the California Air Resource Board (CARB) adopted the nation’s first economywide cap-and-trade program to reduce emissions of greenhouse gases. The...
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NLRB Permits “Bannering” Of Worksites With Reserved Gates
February 7, 2011
For decades, the construction industry and other industries where multiple employers are present at a common worksite have relied upon the “reserved gate doctrine&rdquo...
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New IRS Requirement To Report Uncertain Tax Positions: The Need To Safeguard Confidential Analysis
February 7, 2011
The Commissioner of the Internal Revenue Service announced in early 2010 that, in an effort to increase transparency, certain corporations would be required to include a...
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SEC Proposes Private Fund Systemic Risk Reporting Rule
February 2, 2011
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On January 25, 2011, the Securities and Exchange Commission (the "SEC") unveiled proposed Rule 204(b)-1 under the Investment Advisers Act of 1940 (the "Advi...
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