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Features

First Dark Web Insider Trading Case Shows Government Active In Policing Tech Image

First Dark Web Insider Trading Case Shows Government Active In Policing Tech

Ian McGinley

In a first of its kind prosecution, the Southern District of New York brought an insider trading case against defendant for selling inside information on the Dark Web. The SEC also brought a civil regulatory action against the defendant for the same conduct. In a rare move, however, SDNY and SEC charged this same conduct under different insider trading statutes. This difference underscores the legal complexities involved when the origin of inside information in the digital world is unknown.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Features

Keep Terms of Service and Privacy Notices Separate Image

Keep Terms of Service and Privacy Notices Separate

Shawn Helms, David Saunders & David Sorenson

This article examines why terms of service and privacy notices should work in conjunction with one another, but also why it is not advisable to incorporate privacy notices into online terms of service.

Features

Landlords Turn the Tech to Keep Up With Sustainability Requirements Image

Landlords Turn the Tech to Keep Up With Sustainability Requirements

Paul Bergeron

Government policies are pushing landlords to meet new sustainability requirements, heaping pressure on investors to back up their efforts to go green. In response, more owners are relying on AI and other technologies to help them meet the challenge and avoid steep financial penalties.

Features

Is the Use of Third-Party Releases In Bankruptcy Cases Stretched Too Thin? Image

Is the Use of Third-Party Releases In Bankruptcy Cases Stretched Too Thin?

Francis J. Lawall & Suzanne Soboeiro

Third-party releases are often incorporated into the bankruptcy plan as a means of protecting nondebtor parties from litigation that is directly or even tangentially related to the debtor's business. Over the last several years, the scope and use of such third-party releases appears to have been stretched arguably to the breaking point as demonstrated in a recent and important district court decision.

Features

Ninth Circuit Issues Decision on Trade Secret Injunctive Relief Image

Ninth Circuit Issues Decision on Trade Secret Injunctive Relief

John Lanham & Nishi Tavernier

Earlier this year, the Ninth Circuit issued a decision affirming a district court's denial of an injunction following a finding of trade secret misappropriation. While the opinion is designated as unpublished — and therefore not precedential — the panel's reasoning sheds light on an important issue in trade secrets remedies.

Features

Law Firms Are Using Clawback Provisions to Stop Lateral Departures Image

Law Firms Are Using Clawback Provisions to Stop Lateral Departures

Jessie Yount

As law firms face mounting pressure from the talent wars, many are attaching strings to their partnership agreements in order to protect their partnerships and forestall lateral departures in a high-demand market.

Features

Second Circuit 'Connolly' Ruling Shows Limits of Mail and Wire Fraud Statutes Image

Second Circuit 'Connolly' Ruling Shows Limits of Mail and Wire Fraud Statutes

Elkan Abramowitz & Jonathan Sack

The Connolly decision draws attention to the limits of the mail/wire fraud statutes — laws that are quite expansive but can also be stretched too far when applied to conduct in financial markets, especially markets tied to opaque rules and practices.

Features

7 Concerns for Commercial Real Estate Investors In a Volatile Market Image

7 Concerns for Commercial Real Estate Investors In a Volatile Market

Joseph J. Ori

It appears that the CRE industry is entering a period of high volatility with the Fed promising to raise interest rates, soaring inflation, the war in…

Columns & Departments

Players on the Move Image

Players on the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

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