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Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings across the country.

Features

Look, But Don't Log In Image

Look, But Don't Log In

Marjorie J. Peerce & Daniel V. Shapiro

A computer forensic analysis reveals that the employee has accessed his personal Web-based e-mail account from his company computer and that his log-in information (username and password) has been recovered from the computer's memory. Can you log in to the account and read his personal e-mail?

Coming to the States? Image

Coming to the States?

Jeffrey T. Green

The long arm of U.S. jurisdiction generates a number of worries for counsel advising foreign businesses and executives who may be "of interest" to authorities here. One such worry is the status of foreign nationals entering the United States on business during the course of a criminal or civil investigation.

Features

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How to Use and Not Lose Experts in Criminal Cases

Jodi Misher Peikin & James R. Stovall

Rare is the white-collar case today where an expert witness does not play a powerful role. But the vagueness in expert disclosure rules in criminal cases can lead unwary defense counsel to forfeit an expert entirely.

Features

Cap on Legal Fees in Bankruptcy Alarms Firms Image

Cap on Legal Fees in Bankruptcy Alarms Firms

Amanda Bronstad

Lawyers representing directors and officers of IndyMac Bancorp Inc. are attempting to remove a cap on their billing rates, the latest example of how judges are scrutinizing hourly fees in large bankruptcies.

Intercreditor Dynamics in Bankruptcy Image

Intercreditor Dynamics in Bankruptcy

John D. Fredericks

When a creditor enters the realm of bankruptcy, lenders often find that the many detailed provisions of an extensively negotiated intercreditor agreement are no longer controlling. On the contrary, the intercreditor agreement may have little influence on the outcome of many critical matters that arise in bankruptcy.

Features

Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale Image

Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale

ALM Staff & Law Journal Newsletters

Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.

Features

Considerations of Examiner Appointments in Bankruptcy Actions Image

Considerations of Examiner Appointments in Bankruptcy Actions

David J. Baldwin & R. Stephen McNeill

Examiner appointments in Chapter 11 bankruptcy cases are uncommon, and despite Judge Peter J. Walsh's statement that he had appointed an examiner only two or three times during his career as a bankruptcy judge, he recently ordered the appointment of an examiner in <i>In re DBSI, Inc.</i>

Bit Parts Image

Bit Parts

Stan Soocher

Copyright Infringement/Parody<br>Mechanical Licenses/Prospective Song "Holds" <br>Right of Publicity/"Non-Commercial" Purpose<br>Sampling Licenses/Song Infringement

Features

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Labels Attack Music Search Engines

Zusha Elinson

Lawyers scurried to San Jose, CA, bankruptcy court in April to argue over the remains of SeeqPod Inc., the first big casualty on the newest front in the legal war between the record industry and the Internet.

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MOST POPULAR STORIES

  • Major Differences In UK, U.S. Copyright Laws
    This 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.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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    The 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.
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  • The Stranger to the Deed Rule
    In 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.
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