Features
Crowdfunding: Preparing for New Regulations
In preparation for the effectiveness of the crowdfunding rules, the SEC has issued a bulletin that serves as a guide for companies and investors, whose activities will be covered by Regulation Crowdfunding (the bulletin). This article summarizes the practical terms of the crowdfunding rules and the bulletin.
Features
What's New in the Law
A roundup of the latest legislation that affects equipment leasing.
Features
The Myth of the Newspaper Notice
Maybe you represent a secured lender. Perhaps you represent a Chapter 11 debtor selling its assets under ' 363, or maybe you are a federal equity receiver, an assignee for the benefit of creditors, or maybe a state court receiver who is selling a company's assets pursuant to state law. Where do you post the information?
Features
Demand Is Down, So Why Are Billing Rates on the Rise?
Contradicting the ordinary rules of supply and demand, law firms have continued to jack up hourly fees faster than flat demand and a projected 1.7% annual inflation rate would suggest.
Columns & Departments
Bit Parts
Artist Merchandise-Approval Form Doesn't Shield Live Nation From Liability for Willful Infringement of Photographer's Works<br>Country Artist Wins Attorney Fees After Prevailing in Record Label's End-Run Copyright Suit<br>District Court in Fourth Circuit Decides Copyright Office Must Act on Registration Application Before Plaintiff Can Proceed With Infringement Suit<br>
Features
Money Laundering Case Puts Spotlight On Law Firms' Use of Trust Accounts
A $3.5 billion asset forfeiture case that the DOJ brought in July grabbed the public's attention for the alleged purchases involved: a luxury jet, a Beverly Hills mansion, Las Vegas casino junkets and a stake in the Leonardo DiCaprio movie <i>The Wolf of Wall Street.</i> But for experts in how law firms handle client funds, another detail in the case may merit special scrutiny.
Features
Courts Address When an Alleged Employee Hacking Is a Crime
Although other federal appeals courts have weighed on what is access "without authorization" under the CFAA, the latest <i>Nosal</i> opinion appears to be the first that decides this question in the framework of arguable hacking of an employer database.
Columns & Departments
Movers & Shakers
A Collection of Moves in the Cybersecurity and Privacy Practice Areas
Features
Entertainment Industry Average GC Cash Salary Dominates Top Tier
In 2016, according to ALM Legal Intelligence's list of the top 100 highest paid general counsel at major corporations, two of the top five hail from the entertainment industry. This continues a trend over the last four years whereby entertainment industry general counsel have found themselves at or near the top of the list when examined by multiple measures.
Features
Economic Factors Driving Increase In Nonlawyer Payment Inquiries
As evidenced by a recent Pennsylvania Superior Court ruling invalidating an alleged fee-splitting arrangement between a law firm and an outside consultant, questions about the proper way for attorneys to pay nonlawyers who help generate business still arise frequently.
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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 ›
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