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ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Lending to an LLC? Think Twice and Draft Carefully

Alisa E. Moen

As it stands right now, under Delaware law, present creditors of insolvent LLCs have one less avenue to be made whole.

Features

PII: How New Technology Makes It Easier To Maintain Compliance

Todd M. Haley

A study done at MIT found that 87% of the population in the U.S. could be uniquely identified by just three pieces of Personally identifiable information (PII): their five-digit zip code, gender and date of birth. This demonstrates that SSNs, while valuable, is not necessary to identify unique individuals.

A Lessor's Guide to Workouts

Frank Peretore

Every workout should be structured to anticipate a future default and enhance procedural, substantive, and collateral positions. This first installment of a two-part article discusses preliminary issues to address in workouts and key provisions to include in the workout agreement.

Features

Constitutionality Of Facebook Threat Charges Challenged

Shannon P. Duffy

A Pennsylvania man who was indicted for making violent threats on Facebook is now challenging the constitutionality of the federal cyberstalking statute, arguing that the law criminalizes "pure speech" and is vague and overbroad.

Protecting Your Blog

Jonathan Bick

Blogs are prepared and used for personal, political and economic reasons. And liability issues associated with blogs are the same liability issues that are ' and long have been ' associated with traditional publications that are purposely made available to the public, again, for personal, political and economic reasons.

Features

A World of Copyright Confusion on the Web

Craig R. Smith

Keeping track of and complying with copyright laws can be difficult, especially for ISPs and social-media companies that provide services to a global market. Many countries have developed specific legislation to help protect such entities from liability relating to the activities of their users. Unfortunately, the laws are not uniform ' or are not interpreted consistently ' and therefore compliance requires knowledge of the nuances among them.

FCC's Final Net Neutrality Rule Spurs Challenges

Sheri Qualters

Appellate challenges to the Federal Communications Commission's open Internet regulations are piling up days after the agency's release of its final rule on the matter.

Features

'Bad Boy' Guaranties: Does the Punishment Fit the Crime?

Alan M. Christenfeld & Barbara M. Goodstein

While the "bad boy" guaranty has the practical effect of reducing the number of bankruptcy filings, this inability to file troubled companies for bankruptcy may prevent the efficient restructuring of distressed debt. Whether this is a positive development for either lenders or debtors remains to be seen.

The NLRB Wants to Be Your 'Friend'

Joseph G. Schmitt & Lisa M. Schmid

Many employers have implemented ' or at least considered implementing ' social media policies in an effort to protect their reputations, protect their employees, and prevent the dissemination of confidential or proprietary information. Many of these policies likely contain blanket prohibitions of disparaging, discriminatory or defamatory remarks in relation to the company or its employees. These policies seem to make perfect sense, but unfortunately, employers need to re-think them in light of a NLRB recent decision.

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