Features
The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions
This article focuses on the potential for extraterritorial application of the expanded Sarbanes-Oxley provisions and the new SEC whistleblower cause of action.
Features
Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA
Retail tenants in California ' and perhaps those in other states as well ' that collect ZIP Codes may very well find themselves the subject of putative class actions, the penalties for which could be substantial.
Features
Foreclosure Crisis Presents Challenges for Lenders When Homeowners and Condo Associations Are Involved
With foreclosure filings at unprecedented levels, associations are facing high assessment delinquency rates since generally when a homeowner stops paying his or her mortgage, he or she also ceases paying any assessments. A look at recent litigation.
Features
Court Restricts Bankruptcy Court Jurisdiction in Stern v. Marshall
The Supreme Court's 5-to-4 decision in <i>Stern v. Marshall</i> definitively upsets a quarter-century's jurisdiction by bankruptcy courts over a large set of actions.
Features
Understanding and Mitigating the Legal Risks of Cloud Computing
There can be significant economic efficiencies realized by moving to the cloud. However there are also potential risks involved if an entity does not adequately consider the information governance implications, especially those involving electronic discovery.
Features
Parsing the Copyright Preemption Issue in Claims for Breach of Implied-in-Fact Contracts
The U.S. Court of Appeals for the Ninth Circuit recently reconfirmed the long-established principle that, under California law, an implied-in-fact contract claim over an alleged promise to pay for use of an idea or concept isn't preempted by federal copyright law.
Features
Integration In the Cloud
One of the greatest challenges any organization can face is the integration of evolving technology into its culture, practice and processes. At Bradford & Barthel ("B&B"), our main challenges in this regard have focused on the adaptation of Google Apps within our environment and business model.
Features
Drug & Device News
News of importance to you and your practice.
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MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›
- The Stranger to the Deed RuleIn 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.Read More ›