Features
Amending (or Terminating) Deferred Compensation Plans Without Penalties
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
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features
A New Stage for Online Copyright Infringement Disputes
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
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
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
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
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
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?
Columns & Departments
Bit Parts
Court Doesn't Buy Pandora's Antitrust Argument Against Comedy Content Licensor Lawyer Sanctioned Under Rule 11 for Submitting Judicial Notice Request in Artist's Infringement Suit
Features
Cyber Insurance Costs Are on the Rise, But Law Firms Can't Afford to Forgo It
While law firms are feeling first-hand the impact of a cyber insurance market struggling to stabilize, the full extent of all the changes have yet to fully hit home.
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- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
