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The Real Estate Leasing Lawyer's Role In an M&A Deal With a Reps & Warranties Policy Image

The Real Estate Leasing Lawyer's Role In an M&A Deal With a Reps & Warranties Policy

Aaron L. Pawlitz

This article provides an overview of the most commonly-accepted purposes of an RWI policy and an overview of the RWI policy underwriting process.

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Pitfalls of the Attorney-Client Privilege Image

Pitfalls of the Attorney-Client Privilege

Jonathan S. Feld & Lisa M. Burnett

The attorney-client privilege is a critical component in the legal process but its protection is constantly being challenged in complicated corporate investigations. There are measures that attorneys should, where possible, take steps to mitigate the risk of losing the privilege.

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Criminal Considerations In Trade Secrets Disputes Image

Criminal Considerations In Trade Secrets Disputes

Jeffrey A. Pade & Anand B. Patel

Part One of a Three-Part Series When the international theft of U.S. trade secrets escalated and became a higher priority for domestic entities, trade secrets owners faced difficult challenges in collecting evidence, pursuing civil actions against overseas actors, and successfully obtaining worthwhile and meaningful relief from civil actions alone. These challenges ultimately resulted in increased referrals, investigations, and prosecutions of trade secrets theft under the EEA by federal authorities.

Features

Pondering AI Machine Learning and Copyright Fair Use Image

Pondering AI Machine Learning and Copyright Fair Use

Cassandre Coyer

By feeding machine-learning models hundreds of copyrighted pictures to train them to identify and "read" certain concepts, companies could face violating copyright laws.

Features

The Benefits of Subchapter V — But Are You Guaranteed to Stay? Image

The Benefits of Subchapter V — But Are You Guaranteed to Stay?

Sean C. Kulka

Although Subchapter V may create a clearer path to confirmation, debtors must be aware of, and (absent an extension by the court) comply with, the more stringent timing requirements, such as the requirement of filing a plan within 90 days after filing bankruptcy.

Features

Solving the Information Governance Groundhog Day Syndrome Image

Solving the Information Governance Groundhog Day Syndrome

Ben Schmidt & Nathan Curtis

Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let's take a closer look.

Features

The Selective Prosecution Defense Image

The Selective Prosecution Defense

Evan T. Barr

This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.

Features

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants Image

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants

Joshua Kopelowitz & Matthew J. Schenker

A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City.

Features

FTC Looks to Focus On Data Privacy and Competition Image

FTC Looks to Focus On Data Privacy and Competition

Isha Marathe

The Federal Trade Commission, under its current chairperson Lina Khan, has released a flurry of press releases and blogs in recent months signaling at a focused commercial surveillance "crackdown."

Features

Duty of Candor and Good Faith With the USPTO Covers Non-Inventors and Non-Practitioners Image

Duty of Candor and Good Faith With the USPTO Covers Non-Inventors and Non-Practitioners

George Chen, Cory Smith and Ryan Fitzpatrick

Practitioners and non-practitioners that are associated with the examination of patents and patent applications should be vigilant about information that may be material to patentability to avoid having an issued patent be deemed unenforceable.

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