Features
Fundamental Issues in U.S. Taxation of Foreign Entertainers and Athletes
Even if a foreign athlete or entertainer has spent "too many" days in the United States and satisfies the "substantial presence test" (i.e., the individual's weighted sum of days over a three-year period is at least 183 days), there are two important ways in which the individual might nevertheless be treated as a nonresident, rather than a resident, alien.
Features
Admitting New Partners and Classes of Partners As the Demand for Legal Services Continues to Lag
A new survey of law firm leaders reveals that partners at a majority of the firms don't have enough work, and that demand for legal services is lagging behind pre-recession levels. Yet, despite this gloomy assessment, law firm leaders report that their partners are resistant to change.
Features
European Data Protection Supervisor Suggests Path After Parliament Dismisses Privacy Shield Draft
On May 26, coming less than two months after the Article 29 Working Party rebuke of the Privacy Shield, the EU parliament voted 501 to 119 on a resolution calling for negotiations on the agreement to continue. Its criticisms of the text echoed that of the Working Party, namely the Privacy Shield's insufficiency in dealing with U.S. mass surveillance, protecting EU individual data rights and protections, and effectively enforcing its regulations.
Features
Lender Beware: Ignore Suspicious Activity at Your Own Peril
Recently, the Seventh Circuit held that a lender who should have discovered that its borrower lacked authority to pledge assets is not protected by a good-faith defense to a fraudulent transfer action. Without this defense, the lender lost its security. Should the priority of the lender's claim should be further reduced through equitable subordination?
Features
DC Circuit Upholds FCC Net Neutrality Rules
A federal appeals court in Washington on June 14 upheld expansive federal regulations that require broadband internet providers to treat Internet traffic equally regardless of its source.
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Federal Circuit Applies a Reasonableness Standard to the Knowledge of Infringement Prong
The Federal Circuit decision in Medtronic highlights the tension faced by alleged patent infringers, who must balance invalidity issues where a broad construction is desirable, against non-infringement issues, where narrow constructions are desired.
Features
<b><i>Online Extra:</b></i> Page and Plant's Win in 'Stairway to Heaven' Case Seen as Bolstering Songwriters' Creative Rights
June 23's verdict for Led Zeppelin in the copyright trial over the 1971 hit song 'Stairway to Heaven' reaffirms the creative rights of songwriters while demonstrating the difficulties in pursuing infringement over sheet music, according to legal experts following the case.
Features
Traits of Future Equity Partners
In the last 10 years, I have coached hundreds of attorneys as an internal career coach at Holland & Knight. Some of those associates left law entirely and are now writing novels, playing professional baseball, and flying airplanes. Others have gone in-house or to work for the government. Many of the associates have become non-equity partners, and some are equity partners. Here are some things I have learned about the ones who aim for partnership in a large firm.
Features
New Federal Legislation On Trade Secrets
After years of discussion, Congress recently enacted federal legislation establishing a private right of action for misappropriation of trade secrets, vesting the federal courts with original jurisdiction over the litigation of such claims. After signaling his support for some time, the President signed the bill into law May 11.
Features
Update on Legal Issues in Resales of Event Tickets
Ticketing policies for sporting and other events have been receiving increased attention in both the media and legal spheres.
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MOST POPULAR STORIES
- 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 ›