Features

Several decisions issued by federal Courts of Appeal in the past few years suggest that the Computer Fraud and Abuse Act is a truly viable option for employers aggrieved by employee data theft. This article focuses on this group of cases.

A recent decision by the United States District Court for the Southern District of New York explores the tension between the duty to maximize the value of the estate in bankruptcy and the due process rights afforded to future claimants in the context of a sale under ' 363 of the Bankruptcy Code.

In a major victory for secured creditors, the United States Supreme Court unanimously held that a Chapter 11 plan involving a sale of secured property free and clear of a creditor's lien must afford the secured creditor the right to credit bid for the property under section 363(k) of title 11 of the United States Code. In so holding, the Court resolved the split that had emerged among the United States Circuit Courts of Appeals.

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The closely watched TOUSA, Inc. case took another twist on May 15, when the Eleventh Circuit Court of Appeals reversed the decision of the United States District Court for the Southern District of Florida and reinstated the bankruptcy court opinion in its entirety. The decision reinforces the level of diligence and care that lenders must undertake in cases involving borrower subsidiaries, especially with respect to upstream loan transactions.

Corporate counsel increasingly have a role to play in helping their corporations plan for the unusual. Some of the issues being faced in London this year are illustrative of those issues others will face when planning around future major events.

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For the past four years, Michael Roster has co-chaired the ACC Value Challenge Steering Committee, an initiative designed to re-integrate value into the cost of legal services. This article provides a Q&A on the subject of creating meaningful value-based relationships with outside counsel.

Features

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2012, as well as some recent cases of interest. It includes two rulings from Delaware's courts, and decisions from California and New York on whether corporate officers may sue for wrongful termination.

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With the proper tools, support from corporate management, a motivated audit team and a few guidelines, a privacy audit can be conducted using primarily internal resources and with little or no business disruption.