Columns & Departments
Court Watch
The Instrumentality Test For Determining Franchisor Vicarious Liability
Features
10 Proven Strategies To Effectively Implement the Two-tier Partner Structure
This article describes 10 proven strategies that we have recommended to clients to effectively implement the two-tier partner structure.
Features
Accidental Access, 'Catfishing' and Unsecured Wi-Fi
The increasing use of Web browsing and other user data has stirred some users to reconsider the unspoken "bargain" that exists on social media and other interactive websites, namely, that privacy sacrifices in the form of targeted marketing and data collection subsidize free content and services and promote a robust online ecosystem. However, beyond the larger debate over digital privacy, new practices and technologies have emerged that do not neatly fit within the boundaries of existing privacy laws.
Features
How Not to Fail On Execution
According to the Gartner Group, 70% of outsourcing engagements fail and 90% do not meet their financial goals.
Features
Ninth Circuit Rejects Google's Defense in Suit over Wi-Fi Sniffing
In what could be a painfully expensive rebuke to Google, the U.S. Court of Appeals for the Ninth Circuit ruled last month that the company can be sued under the Wiretap Act for sniffing out data from home Wi-Fi networks.
Features
Big Defeat for Online Streaming
Television broadcasters scored a big victory last month in their quest to power down online television streaming services. It's a dispute that likely seems headed to the U.S. Supreme Court, entertainment lawyers say, given divided rulings from courts across the country.
Features
Spotlight on 3D Printing: Intellectual Property
3D printing technology, also known as additive manufacturing, is nothing new. It has been used for decades by designers and engineers. But the technical capabilities that make 3D printing technologies so useful likely will facilitate intellectual property infringement.
Features
Why Not Throw in the Design of the Kitchen Sink?
When it comes to seeking patent protection for a new product, companies are often faced with a dilemma: delay patent filings until the product has proven commercial value, or gamble substantial resources trying to create a portfolio of utility and design patents for a product that may not be successful?
Columns & Departments
In the Marketplace
Who's doing what; who's going where.
Features
Distressed Bank Restructurings
The FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
