Features

The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation
While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.
Features

Second Circuit Narrows Borrower's Ability to Pursue Class Damages In Federal Court for Failure to Timely Record Mortgage Satisfactions
The decision in Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.
Features

Do a Lateral's Clients Move With Them?
There is no way to guarantee a lateral's clients will make the move to a new firm. But a series of questions can examine the quality of these relationships and the likelihood that the client will move with the lateral candidate.
Features

Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines
This installment of our appellate series reviews recent cases addressing the district courts' review of interlocutory bankruptcy court orders and the enforceability of appellate deadlines. As we have shown with other case law governing appeals, real obstacles confront practitioners appealing from bankruptcy court rulings.
Features

Building AI and Machine Learning Technologies: Data Licensing Tips and Traps
Data is the fuel for software development, and developers use historical data from existing products to train algorithms and build AI models. Companies may be well aware of privacy and regulatory restrictions on data use, but often do not consider the potential impact of data use restrictions on intellectual property ownership and use rights.
Columns & Departments
Players on the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features

Examining the SEC's Rulemaking Process
SEC Chair Gary Gensler's agenda raises important questions of both substance and process, including the technical, but very important, matter of SEC rulemaking: What is required for the Commission to create new rules, or change well-established rules? The answers to these questions, in turn, may determine what can realistically be accomplished given timing and political constraints.
Features

Law Firm Profits Soared In 2021, Despite Increased Expenses
Strong demand growth led to a war for talent, but it was also a major driver of the industry average double-digit revenue growth seen in 2021.
Features

Short-Term Leases Can Create Value Uncertainty
When executives aren't sure what normal will look like in where employees work, they can't tell how much office space they need. While some sectors of commercial real estate are stable in terms of tenants, others are a question. That's leading to some pushing for shorter-term leases — ironically, both by tenants and some owners — as well as headaches for underwriting as the predictability of tenancy is up in the air.
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