Features

What a Post-COVID-19 World: Debtors' Extraordinary Responses to COVID-19
The impact of the pandemic rages on and, in its path leaves many businesses and industries demolished or, at best, severely impaired. Once again, the Bankruptcy Code has been called upon to provide relief to those in dire need
Features

Copyright Issues In Online Content
Publication of content online impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.
Features

Leadership in Law: 5 Ways Attorneys Can Utilize Accountability Partners to Build Business
As individuals, accountability helps propel us forward. It forces us to prioritize with intention and makes us enhance our efficiencies so that we can…
Features

Drawing the Line Between Real Property and Personal Property In the UCC
The back-and-forth is certainly confusing, but what is clear is that it can be unclear exactly where the line between real property and personal property should be drawn.
Features

ABCs As an Alternative to Bankruptcy for Implementing Distressed Transactions
Companies suffering financial distress frequently reach a crossroads where they need to either implement some type of transaction or will be forced to liquidate. In developing a plan for moving forward, management should evaluate and determine, with appropriate input from outside experts, feasible alternatives.
Features

Following the Winding Business Development Road
We all know that business and business development will be different post-pandemic, and we are not sure how. This article discusses the trends that lawyers and firms should be tracking and how they should plan and execute when the future is murky.
Features

Congress Expands SEC Powers Just In Time for New Administration
Wall Street has greeted Gary Gensler's nomination as Chair of the SEC with some trepidation, perhaps with good reason. Congress, by contrast, may have presented him with a powerful signing bonus.
Features

What ALM Reporters and Editors Expect from Law Firms and PR Pros In 2021: Part II
At the end of 2020, I had the opportunity to interview seven members of the ALM Media editorial staff. This is Part II of a series of questions.
Features

Global Increase of FCPA Bribery Cases Raises Specter of Piling On
The increasing number of regulators and enforcement agencies bringing foreign bribery cases across the globe raises the specter of successive or "carbon copy" cases. Policymakers and practitioners need to be aware of this developing risk and take steps to mitigate it.
Features

Law Firms Looking to Retail Space and Other Office Alternatives Post-Pandemic
The prospect of using retail space for law offices is the latest adaptation, in addition to innovations such as hoteling and other forms of shared workspace, that may define law firm offices in the future as the COVID-19 pandemic makes a permanent mark on how firms configure and run their offices.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile 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.Read More ›