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56 Prac. Law. 1 (2010)

handle is hein.ali/praclaw0056 and id is 1 raw text is: The Practical Lawyer volume 56 1 number 11 february 2010 Blogomania And The New Media Revolution Liisa M. Thomas 19 The increasing interactivity of the Internet is bringing more people together, helping to expand businesses and erase borders, and giving more people a voice than ever before. But sometimes those voices can cause problems for your clients. In this article, Liisa M. Thomas discusses how a company can shield itself from liability under the Communications Decency Act and the Digital Millennium Copyright Act, limiting liability for employee or agent posts, liability for failing to disclose employee affiliation, potential liability for employee postings generally, and liability for investor reliance on employee postings. The Workout As An Exercise In Creative Problem Solving Scott Lessne and Thomas Cambern 25 Even with the best business plan and excellent management, a borrower can find itself in financial trouble and unable to keep up with the commitments of its loan. When that happens, it is time to re-think the relationship between the buyer and lender by means of a workout. Workouts can take a variety of forms and in this article, Scott Lessne and Thomas Cambern discuss how to identify and understand the risk, legal and business due diligence steps, the litigation risks, understanding the business background and the business plan, understanding the cause of the problem, establishing goals, undertaking valuation, finding out what the borrower is thinking, and identifying the players and understanding their various roles in the process. Why You Need An Employee Policy For Electronic Information James W. Martin 35 Why do you need an employee policy for electronic information in the law firm? To make sure that work is getting done and to protect the attorney-client privilege. In this article, James W. Martin offers model provisions addressing the attorney-client privilege (and involving employees in protecting it), defining the nature of the technology used, stating any restrictions on the use of office technology for personal matters, limiting use of personal technology (employee-owned laptops, mobile wireless devices, etc.), defining limits on participation in social networks, explaining how to avoid viruses, setting forth what constitutes permissible use of specific technologies, and explaining things that the employee can do to make sure that the privilege is protected when telecommuting, traveling, or otherwise away from the office. Going Private Or Going Dark? That Is The Question Gregory C. Yadley and Willard A. Blair 39 Public reporting has always been expensive and time-con- suming, but since the passage of the Sarbanes-Oxley Act, the external costs of reporting and the internal costs of compliance have increased dramatically. So to avoid this expense, should public companies go private? Or should they just go dark by reducing the number of shareholders of record to not more than 300? Going dark is often the better answer, and in this article, Gregory C. Yadley and Willard A. Blair discuss the basic security law considerations of a Form 15 filing and the ad- vantages and disadvantages of going darker through a tender offer, open market purchases, a cash-out merger, or the most common method, a reverse stock split. Standard-Setting And Antitrust Laura A. Wilkinson and Brianne L. Kucerik 55 Industry collaboration can have significant procompetitive benefits, particularly through enhancing quality and expediting the implementation of new technologies and reducing costs. But there is always a danger that engaging in collaboration by participating in a standard-setting organization can have antitrust risks. Laura A. Wilkinson and Brianne L. Ku- cerik discuss recent antitrust litigation regarding standard- setting organizations, questions to ask before participating in a standard-setting organization (what are the potential anticompetitive risks? Does the organization have policies in place to avoid those risks?), and questions to ask for ongoing participation in the organization (are there any conflicts in existing disclosures and licensing obligations? Have there been any changes to the company's disclosure and licensing obligations? Are there any recent legal developments that directly affect the organization?) The Grammatical Lawyer The Law of the Lawyer The Web-Wise Lawyer Practical Success 5 9 13 17 To purchase the online version of this issue, go to www.ali-aba.org and click on Publications. Back issues, individual articles, and forms are also available there.

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