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Intellectual Property

Newsworthiness Prevails In Second Circuit Fair Use Analysis

On January 27, 2014, the Second Circuit held in Swatch v. Bloomberg[1] that the unauthorized publication of a surreptitiously obtained recording of an earnings call was fair use in view of the factual, newsworthy nature of the information and its lack of independent market value. The case...

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Gaming | Sports

Sports Law: An Overview

Editor: Please tell us about your professional background. Meyer: I have been with Weil for my entire career – over 27 years – and do many kinds of litigation, including sports, intellectual property and other complex commercial litigation. I’ve done jury trials all over...

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Accounting

More Than A Machine: “Robocop” Stole The Headlines, But The Financial Reporting And Audit Task Force Is The Real Driver Behind The SEC’s Refocus On Accounting Irregularities

On July 2, 2013, the United States Securities and Exchange Commission (the SEC) announced two new initiatives aimed at preventing and detecting improper or fraudulent financial reporting.[1] We previously noted that one of these initiatives, a computer-based tool called the Accounting Quality...

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Finance | Private Equity

Trends In Private Equity In Weil’s Boston Office

Editor: How did you get involved in representing private equity clients? French: I began my career in 1990 as a general M&A transactional lawyer. In 1993, I joined the oldest firm in Boston at the time, Hutchins, Wheeler & Dittmar. It was a middle-market firm ahead of its time. It was...

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Private Equity

SEC Issues Guidance On Regulation D “Bad Actor” Rules

On December 4, 2013, the Division of Corporation Finance of the Securities and Exchange Commission (the SEC) issued new Compliance and Disclosure Interpretations (the Interpretations) regarding Rules 506(d) and (e) of Regulation D under the Securities Act of 1933, which rules prevent issuers from...

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Regulatory & Compliance

SEC’s Second Annual Report Summarizing Whistleblower Program Shows Little Change

On November 15, 2013, the U.S. Securities and Exchange Commission (SEC or the Commission) released its Annual Report to Congress on the Dodd-Frank Whistleblower Program (the Report).[1] The Report is remarkable for three reasons.  First, the Report shows that, despite very significant...

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EC Decision On Google’s Proposed Commitments Expected In Coming Weeks

On September 13, 2013, Joaquín Almunia, Vice President of the European Commission and the commissioner responsible for competition policy, announced that the EC will decide within the next few weeks whether to accept Google’s proposed commitments to settle the ongoing investigation...

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