Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
Read More › Features
Using Anti-Bribery and Corruption Regimes for ESG Concerns
Stephanie Yonekura, Ann Kim
&
Derek Centola
Compliance leaders recognize that Environmental, Social and Governance (ESG) is a growing concern for U.S. companies, but face challenges in determining how to embed compliance structures into their programs. One solution is to look to already existing anti-bribery and corruption (AB&C) compliance measures.
Features
District Court Rules on Ripeness of Claim Under RLUIPA
Stewart E. Sterk
When does a RLUIPA claim become ripe? A federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a "futility exception" to the requirement that a landowner obtain a final decision before proceeding to federal court.
Features
Amending (or Terminating) Deferred Compensation Plans Without Penalties
Lawrence L. Bell
This article reminds readers of §409A's draconian penalties and specific guidance of amending modifying, amending or terminating existing nonqualified deferred compensation plans.
Columns & Departments
Fresh Filings
ssalkin
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features
A New Stage for Online Copyright Infringement Disputes
Robert E. Browne
&
Michael D. Hobbs
Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.
Features
Successor Liability Claims Constitute a 'Property Interest' for Purposes of a 363 Sale In Bankruptcy
Rudolph J. Di Massa Jr.
&
Malcolm Bates
In In re Norrenberns Foods, the U.S. Bankruptcy Court for the Southern District of Illinois had occasion to rule on a creditor's objection to the sale of a debtor's assets.
Features
Insider Trading Evolving Beyond Just Securities As DOJ Targets NFTS and Crypto
Robert J. Anello
&
Richard F. Albert
In two recent notable cases involving NFTs and cryptocurrency markets, the DOJ has brought insider trading charges under the wire fraud statute without claiming that any securities were involved. These cases demonstrate the substantial flexibility federal prosecutors have — or at least believe they have — in charging insider trading and underscore the oft-recognized need for a federal statute expressly addressing insider trading.
Features
Regulators Renew Focus on Individual Liability for Gatekeepers
Robert Stern
&
Sarah Coyne
A rising tide of regulation is headed for corporate compliance officers and in-house lawyers. Corporate accountability is a key priority for the DOJ and SEC, and both agencies have renewed their focus on individual liability for gatekeepers, including lawyers, accountants, underwriters and auditors.
Features
Severing a Master Lease Raises Thorny Issues
By Peter E. Fisch
&
Salvatore Gogliormella
A master lease structure is often used where a single landlord and a single tenant intend to lease multiple properties. By using a master lease structure to cover multiple properties as opposed to individual leases, the parties can streamline administration of a large-scale portfolio of properties. However, master lease severance comes with a series of complications.
Features
The Scrivener's Error Doctrine In Commercial Lease Drafting
Efrem Z. Fischer
What are the limits of efforts to rescind or reform an agreement based upon a mistake? Can a mere "Scrivener's Error" during drafting result in a wholesale extinguishing of a lease document?
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MOST POPULAR STORIES
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.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 ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›