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.
Features
The Wealth Manager's Playbook
The pace and scope of change wealth managers are experiencing is unprecedented and is showing no signs of slowing down. In fact, change is accelerating rapidly.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›