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Open for Business: Legal Business News - April 20, 2011

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April 20, 2011 FindLaw.com Open For Business Newsletter

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HIGH PROFILE CASES:

COULD PAUL CEGLIA'S EMAIL PROVE HE OWNS HALF OF FACEBOOK?
(FindLaw's Technologist) - Paul Ceglia, who has been steadfast in his claims that a 2003 investment and programming contract entitles him to a portion of Facebook, amended his lawsuit against Mark Zuckerburg last week to include new evidence. The evidence? A series of emails from 2003 and 2004 that purportedly demonstrate that Ceglia is entitled to 50% of the social network. Facebook maintains that the emails are fake.

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NEWS:

BACKGROUND CHECKS DO'S AND DON'T'S
(FindLaw's Free Enterprise) - Background checks are an important hiring tool, helping you net the best applicant and fend off any future lawsuits. They, however, come with a few legal constraints of their own, and are subject to privacy rules, disclosure requirements, and federal discrimination laws. To help you navigate the world of background checks, here are our top "do's" and "don'ts."

WHO ELSE WANTS TO HIRE EMPLOYEES EFFICIENTLY?
(FindLaw's Free Enterprise) - One of the biggest costs in hiring new employees is the amount of time dedicated to combing through resumes and conducting interviews. This is especially true for small businesses that don't have enough manpower to pick up the slack. What if there were an easier, more cost-effective way of orchestrating the hiring process? If your business is tech-savvy, this solution may actually exist.

NEW AT FINDLAW: DEFINITION OF DISABLED AND EMAIL PHISHING
(The Official FindLaw Blog) - Below, you will find this week's offerings from various areas of FindLaw's unique content, including: core legal content, blogs, news and case law. Take a look at what's new:

APPLEBEE'S RETRAINS STAFF AFTER TODDLER IS SERVED ALCOHOL
(FindLaw's In House) - Applebee's parent company announced Monday it was immediately retraining its workers nationwide after a server at a suburban Detroit location accidentally served alcohol to a toddler. In a move surely spurred by the in house team, the company, California-based DineEquity Inc, said it would also change the way it serves juice to youngsters to eliminate the chance of any mixups that could result in any more toddlers receiving mixed drinks.

RECENT CASE SUMMARIES:

NEWPORT NEWS HOLDINGS CORP. V. VIRTUAL CITY, 09-1947
(U.S. 4th Cir.) - In a multifaceted dispute involving the scope of the Anticybersquatting Consumer Protection Act, 15 U.S.C. section 1125, judgments of the trial court is affirmed where: 1) summary judgment in favor of plaintiff was proper as there was no issue of material fact in dispute; 2) failure to recuse by trial judge was not erroneous when defendant did not object to potential conflict of interest upon discovery; 3) trial court properly asserted jurisdiction over defendant under an alter ego liability theory; and 4) trial court correctly precluded defendant from filing a counterclaim.

CENTRAL W. VIRGINIA ENERGY CO., INC. V. MOUNTAIN STATE CARBON, LLC, 10-1486
(U.S. 4th Cir.) - In a dispute over the scope of federal diversity jurisdiction as applied to corporations and involving an action for breach of contract, dismissal by district court on the ground that adverse parties were not diverse, is reversed where seven of eight officers of defendant substantially operated from a single forum making the forum the principal place of business of defendant such that dismissal was erroneous under the U.S. Supreme Court decision in Hertz Corp. v. Friend, 130 S. Ct. 1181, 1186 (2010).


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