Features

Second Circuit Applies Federal Bankruptcy Law, Not Securities Law, In Madoff SIPA Liquidation
The Second Circuit applied federal bankruptcy law when holding that good faith is an affirmative defense.
Features

While Economy Recovers, Commercial Real Estate May Be Due for a Correction
Before investors get too carried away by the news of recovery in commercial real estate, they should pause to ask themselves, "what are we recovering from?"
Columns & Departments
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features

Are Government Investigation Disclosures Protected Under the Common Interest Doctrine?
This article discusses whether disclosures made when a subject of a government investigation borrows money or sells all or part of its business are protected from discovery on the basis of the attorney-client privilege and pursuant to the common interest doctrine.
Features

Enabling Monetization of Non-Monetary Victories
This article proposes language to include in retainer agreements to enable the monetization of non-monetary victories and compensate attorneys for all their work on behalf of their contingency clients.
Columns & Departments
Co-ops and Condominiums
Residential Owners Have Claim for Inadequate Quality of Hotel Unit
Features

Flat Fee or Consumption-Based E-Discovery Pricing? Depends on Who You Ask
Being charged per gigabyte by an e-discovery software platform isn't new, but it can still be a budgetary drain for law firms that handle many large e-discovery matters.
Columns & Departments
IP News
Nike Seeks $150 Million In Sanctions from Six Chinese Banks, and Loses
Features

Legal Marketers Prefer Hybrid Return to Work
Seeing opportunities for reduced costs and broader hiring pool, law firm marketing chiefs are among the most vocal proponents of shifting firm operations to a virtual setting as firms bring their personnel back to the office.
Features

Congress Seeks to Restrict Nondebtor Releases in New Bankruptcy Reform Bill
Members of Congress recently introduced the Nondebtor Release Prohibition Act, which proposes to amend the Bankruptcy Code to, among other things, restrict courts' ability to approve third-party releases of nondebtors and related injunctions under plans of reorganization or otherwise in Chapter 11 cases.
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- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Structuring Strategies for Off-Balance-Sheet Treatment of Real Property LeasesThe Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.Read More ›
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›