In recent years, the Securities and Exchange Commission has increasingly relied on Section 17(a) of the 1933 Securities Act. Indeed, many of the cases the SEC has brought in the wake of the recent financial crisis have been…more
Venture capitalists are among my favorite clients. Whether the client is the firm or an individual or a portfolio company, they are often very good at keeping litigation costs down, relatively speaking. Here's how they do…more
In This Presentation:
- Questions to answer when you get sued
- Competitor v. NPE patentees
- Who files more — NPEs or competitors?
- Competitor suits
- NPE Suits
- Who wins more $$$ — competitors or NPEs?
Most venture capitalists live in a world far removed from the world of law enforcement. Sure, many have read Tom Wolfe's "Bonfire of the Vanities," in which a Manhattan investment banker takes a wrong turn and ends up prosecuted…more
The mobile gaming industry is experiencing an invasion of clones. While cloning has a long and varied history, it has become more prevalent with the explosion of social and mobile games. Take, for example, Words With Friends, a…more
Originally published in Life Science Leader - July 2012.
Although collaborations between companies are often neccessary to bring new drugs or devices to market, many such collaborations end in unexpected acrimony and…more
DEFENSE COUNSEL BEWARE. THAT’S THE MESSAGE FROM ROBERT KHUZAMI, DIRECTOR OF the SEC’s division of enforcement, who in the past year has pointedly criticized defense and inhouse counsel for impeding agency investigations. He has…more
In the typical venture-backed company, the Board often includes some members designated by the venture capital firms who are investors in the company. When things go awry, lawsuits often follow, and litigators are left to figure…more
Digital content intermediaries (DCIs) such as YouTube, Facebook, Ebay and others handle vast quantities of digital content uploaded by users, raising questions about their potential secondary liability for copyright…more
JUDGE JED S. RAKOFF OF THE SOUTHERN DISTRICT OF NEW YORK MADE HEADLINES LAST DECEMBER when he rejected a $285 million settlement between the SEC and Citigroup, stating that the commission’s failure to require the bank…more
Originally published in Executive Counsel, December 2011/January 2012.
If litigating a lawsuit about compensation issues is a lot like doing a "dig" at an archeological site, the options back-dating scandal was a veritable…more
Facebook and smartphones have rapidly increased the popularity and prosperity of the social gaming industry. Small companies founded by a team of young entrepreneurs develop many of these games. Founders of these small gaming…more
Stuart Gasner, a senior partner at Keker & Van Nest LLP and former federal prosecutor, presents "How Not to Become a White Collar Criminal." Drawing on tales from fiction such as Tom Wolfe's "Bonfire of the Vanities" and real…more
As the economy recovers, employers are increasing their efforts to hire additional key employees. Many key employee hires are coming from competitors, or companies in similar fields, that are located in California or in other…more
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.