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Biometric Privacy: A Year In Review (2021) and The Year Ahead (2022) Image

Biometric Privacy: A Year In Review (2021) and The Year Ahead (2022)

Lauren Caisman and Christian Auty

The year started with Portland, Oregon's ban on the use of facial recognition technology by private entities in places of "public" accommodation. It concluded with the rendering of important appellate decisions on the Illinois Biometric Information Privacy Act. In the middle, was the continued flurry of litigation, class action settlements, and legislative activity.

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Tax Implications of Budget Reconciliation Bill Image

Tax Implications of Budget Reconciliation Bill

Lawrence L. Bell

In this two-part article, we look at the proposed tax law changes in the budget reconciliation bill — the major legislation in 2021.

Features

COVID-19 and Lease Negotiations: Early Termination Provisions Image

COVID-19 and Lease Negotiations: Early Termination Provisions

Ann E. Ryan & Adrienne B. Koch

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

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Update on Bankruptcy Appellate Practice: Part Two — Equitable Mootness Image

Update on Bankruptcy Appellate Practice: Part Two — Equitable Mootness

Michael L. Cook

This installment of our appellate practice series reviews recent cases addressing the equitable mootness doctrine. The issue ultimately often turns on whether it is practical and fair for an appellate court to review an appeal on the merits, enabling that court to avoid review altogether.

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Cybersecurity and Legal Tech In 2022: Predictions from the Field Image

Cybersecurity and Legal Tech In 2022: Predictions from the Field

Zach Warren

It's still a dangerous cyber world as we enter 2022, but one that today's attorneys and legal technologists are prepared to tackle. Here's what they predict for cybersecurity, remote work, privacy and e-discovery in the new year.

Features

Miramax's NFT Suit Over Pulp Fiction Image

Miramax's NFT Suit Over Pulp Fiction

Scott Graham

The Miramax film and tv studio, and its lawyers at Proskauer Rose, shook up both the IP and blockchain communities recently when Miramax sued to block film director Quentin Tarantino from selling non-fungible tokens (NFTs) of memorabilia from his 1994 blockbuster movie Pulp Fiction.

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Sales Speak: Selling Doesn't Cause Buying Image

Sales Speak: Selling Doesn't Cause Buying

Eric Dewey

Selling doesn't cause buying. Buying is an internal business process and that process is fast becoming out of sync with the sales training we often push on our lawyers. Our buyers know more than we do about what is really important inside companies when they are looking to hire outside counsel. We must get better at that lest many of our practices become even more commoditized.

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Biden Administration Corporate Enforcement Policies More Symbolism than Effective Reform Image

Biden Administration Corporate Enforcement Policies More Symbolism than Effective Reform

Robert J. Anello & Richard F. Albert

By undoing some of the higher profile policy changes of the prior administration that many perceived as business-friendly, the current administration has served notice on the business and financial community of a return to practices characteristic of a more aggressive enforcement regime.

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Reckless Disregard for the Truth of a Material Statement Made to the USPTO Is Sufficient for Proving the Intent to Deceive Image

Reckless Disregard for the Truth of a Material Statement Made to the USPTO Is Sufficient for Proving the Intent to Deceive

Li-Jen Shen, Cory Smith & George C. Chen

The Trademark Trial and Appeal Board (TTAB) has finally filled a gap left by the U.S. Court of Appeals for the Federal Circuit in the standard for finding deceptive intent when trying to prove fraud on the USPTO.

Features

A Look At What 2022 Has In Store for Commercial Real Estate Image

A Look At What 2022 Has In Store for Commercial Real Estate

Erik Sherman

Disaster — a seemingly closed economy, crashed supply chains, tight labor availability, and many millions out of work — turned into rising values, some hot sectors, and rising rents and increased stability by 2021. Stepping into 2022 should be a good deal less jarring. And yet, there might be changes and surprises. Here's what experts see as coming up.

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