Features

Preserving the Privilege In the Corporate Setting
Assessing the risks and liabilities of a potential transaction requires frank and open communication between the parties, including legal counsel. Understanding the scope and limitations of this privilege in transactional settings and who "holds" it is vital to its preservation.
Features

Spring Forward: Three Insights from Women Who Win in Business Development
While the mastery of business development fundamentals applies to all lawyers, women business developers possess unique characteristics and face unique challenges in comparison to their male counterparts.
Features

Negotiating with Small Office Tenants on Pandemic Issues
Small businesses make up the backbone of the commercial office sector. Until recently, by virtue of their small size, they had little sway with landlords when it came to renegotiating or negotiating a lease. Then the pandemic happened.
Features

How to Motivate Attorneys to Be Successful Rainmakers
How to motivate attorneys to do rainmaking activities has become a critical question during the pandemic because the usual avenue that the predominance of attorneys used to build books of business of in-person networking had been eliminated for almost 15 months.
Features

When Does Content of a Debtor's Bar Date Notice Satisfy Due Process?
The Third Circuit recently examined whether the content of a debtor's bar date notice satisfied due process, so as to discharge unknown litigation creditors' claims against the company after confirmation of the debtor's Chapter 11 plan of reorganization.
Columns & Departments
IP News
Federal Circuit Invalidates Parts of VoIP Patent
Features

New York Federal District Court Dismisses Investor Lawsuit Over Tencent Music IPO
In December 2018, China-based titan Tencent Music Entertainment launched a U.S. initial public offering (IPO). But the IPO resulted in an investor's class action suit alleging TME violated federal securities laws. This is part of a trend of increasing such securities suits against foreign companies, though the U.S.
Features

How Should Directors Respond to the SolarWinds Attack
This article is not about "who did what wrong" or "what nation-state commenced this attack." It's really more about is, "if I am a Director, what should I be thinking about the SolarWinds attack?"
Features

The Situation of Your Company's CISO and How It Impacts Data Security
The intensity of information security briefings often leads to organizations tucking the CISO under the CIO instead. After all, all technology is related, right? This is a huge mistake, and it is wreaking havoc on American data security.
Features

Drafting a Fair Force Majeure Provision In the Wake of COVID-19
Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.
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MOST POPULAR STORIES
- 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 ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›
- Attachment and Perfection of Security InterestsThis article addresses common attachment and perfection problems raised in recent cases, and provides suggestions on how secured parties can avoid these pitfalls.Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›