Features
Legal Issues in the Cloud
Increasingly popular, Cloud computing nevertheless raises new and challenging legal issues for both cloud computing users and vendors.
Features
Demystifying the Proposed Lease Accounting Changes
They" are coming. "They" are the proposed changes to the lease accounting rules. And even if you are not an accountant, you still need to know the broader implications of these changes for leases.
Features
Statistically Distinguishing Between Active and Passive Appreciation
When divorce occurs, how do matrimonial attorneys deal with division of wealth that exists at the time of filing? Depending on state laws, <i>very contentiously</i>.
Features
AAML Child Custody Evaluation Standards
The American Academy of Matrimonial Lawyers (AAML) has approved the Child Custody Evaluation Standards to provide the guidance that judges, attorneys and families across the country should embrace.
Features
'Ban the Box' Legislation
Ban the Box" types of legislation, designed to ensure that employers are fair when screening persons who may or may not have criminal records, can unintentionally create impossible hiring decisions and pose huge legal risks for employers.
Features
Lending to an LLC? Think Twice and Draft Carefully
As it stands right now, under Delaware law, present creditors of insolvent LLCs have one less avenue to be made whole.
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A World of Copyright Confusion on the Web
Keeping track of and complying with copyright laws can be difficult, especially for ISPs and social-media companies that provide services to a global market. Many countries have developed specific legislation to help protect such entities from liability relating to the activities of their users. Unfortunately, the laws are not uniform ' or are not interpreted consistently ' and therefore compliance requires knowledge of the nuances among them.
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'Bad Boy' Guaranties: Does the Punishment Fit the Crime?
While the "bad boy" guaranty has the practical effect of reducing the number of bankruptcy filings, this inability to file troubled companies for bankruptcy may prevent the efficient restructuring of distressed debt. Whether this is a positive development for either lenders or debtors remains to be seen.
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Managing a Franchise System When 'Game-Changers' Arise
One of the difficult balancing acts encountered by all franchise systems is between the relatively static nature of the franchise agreement and the dynamic, impossible-to-predict changes that occur in the real world. At the 34th Annual ABA Forum on Franchising, two industry veterans with perspective as senior in-house counsel spoke about how in-house counsel can identify potentially "game-changing" developments and lead their organizations' response.
Features
'Second Generation' Long'Term-Care Planning
In the absence of the implementation of the CLASS Act, employers who have not done so already might want to consider offering a private long-term-care insurance plan with an enrollment strategy that touches on paying for and planning for long-term care.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›