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The rise and fall of Theranos and its founder, Elizabeth Holmes, was a gripping corporate drama. The resulting prosecution of Holmes and a co-defendant is now generating issues of interest for white-collar practitioners, as we discussed not long ago. See, Elkan Abramowitz and Jonathan S. Sack, "The Importance of 'Particulars' in Criminal Fraud Cases," N.Y.L.J. (March 3, 2020).
This article addresses a dispute between the government and Holmes that concerns the admissibility of communications between Holmes and outside company counsel, Boies, Schiller Flexner (Boies). The government seeks to admit 16 documents to which Holmes has objected on the grounds of attorney-client privilege. The government has argued that Boies had an attorney-client relationship with the company, not with Holmes. Holmes has argued that Boies represented her personally, and consequently she retains a privilege that she will not waive.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."