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Features

2020 Provides Roadmap for Success in 2021 Image

2020 Provides Roadmap for Success in 2021

Erika B. Morphy

If commercial real estate is going to have a successful 2021, it will require the ability to seek out unexpected advantages.

Features

A Look at the EU's Latest Proposal for Regulating Online Content Image

A Look at the EU's Latest Proposal for Regulating Online Content

Linda A. Thompson

The DSA is intended to reset the rules around online content moderation and to reframe the responsibility of platforms for illegal content uploaded to their websites.

Features

Implications of Transfer of Attorney-Client Privilege In Bankruptcy Cases Image

Implications of Transfer of Attorney-Client Privilege In Bankruptcy Cases

Andrew C. Kassner & Joseph N. Argentina Jr.

One of the most misunderstood areas of law for non-bankruptcy and bankruptcy attorneys alike is the attorney-client privilege, including the scope of the privilege, who holds it, and when and by whom it can be waived. As is often the case, in bankruptcy, additional complexities arise.

Features

Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading Image

Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading

Robert J. Anello & Richard F. Albert

The holding in Blaszczak significantly widens the scope of criminal insider trading. It also creates the anomaly of extending the criminal law beyond the SEC's civil enforcement authority.

Features

COVID-19 Forcing Firms to Keep Work In-House Image

COVID-19 Forcing Firms to Keep Work In-House

Phillip Bantz

Legal departments have been reducing outside counsel spending amid the COVID-19 pandemic and keeping more work in-house, where the demand for specialists and legal operations managers continues to grow, according to a new report.

Columns & Departments

IP News Image

IP News

Joshua R. Stein & Jeff Ginsberg

Federal Circuit: Post-Employment Assignment Clause Void Under California Law Federal Circuit No New Trial for Improper "Pennies on the Dollar" Rhetoric

Features

Bankruptcy Court Responses to COVID-19 Relief Orders Image

Bankruptcy Court Responses to COVID-19 Relief Orders

Richard Levy Jr.

The economic impact of COVID-19-related shutdown orders, and the governmental directives, raise questions of how bankruptcy courts will respond.

Features

Fair Use Applied to Embedded Photograph Image

Fair Use Applied to Embedded Photograph

Stephen M. Kramarsky

The extremely flexible character of social media has required equal flexibility in courts' intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.

Features

'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic? Image

'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?

Warren A. Estis & Alexander Lycoyannis 

As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.

Features

Equal Justice Should Apply to All, Including the President's Friends Image

Equal Justice Should Apply to All, Including the President's Friends

Harry Sandick & Jacob Tuttle Newman

This article considers certain positions taken by DOJ in cases involving Roger Stone, Michael Flynn and the subpoenas duces tecum issued by the New York District Attorney's Office in connection with its investigation into the Trump Organization.

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