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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

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