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Authentic Communications Today Increase Success for Value-Driven Clients Image

Authentic Communications Today Increase Success for Value-Driven Clients

Leander Dolphin & Kent Nevins

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.

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Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss Image

Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss

Daniel A. Lowenthal

At the motion to dismiss stage, courts usually won't consider affirmative defenses. This issue arose recently in a preferential transfer case, where a defendant sought to dismiss a complaint by arguing it was a mere conduit, not an initial transferee.

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Preserving Bargained for Contractual Entitlements In a Cure and Reinstate Plan Image

Preserving Bargained for Contractual Entitlements In a Cure and Reinstate Plan

Allison J. Arotsky

This article focuses on the cure requirement under Section 1124(2)(A), highlights how courts have interpreted the interplay between Section 1124(2)(A) and related Bankruptcy Code provisions, and suggests best practices to ensure that creditors are not leaving money on the table.

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Issues in Reverse Morals Clauses In Talent Influencer Contracts With Product Brands Image

Issues in Reverse Morals Clauses In Talent Influencer Contracts With Product Brands

Chris O'Malley

The next company general counsel to slide a morality clause across the desk for a celebrity or web influencer to sign shouldn't be surprised if that talent also whips out a morals clause, one to cancel the contract if the company's brand acts immorally.

Features

Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work Image

Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work

Emily Bullis

Copyright 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.

Features

Individual Liability of Condominium Sponsor's Principals Image

Individual Liability of Condominium Sponsor's Principals

Stewart E. Sterk

When are the principals of a condominium sponsor individually liable for harms suffered by purchasers? In Board of Managers of 570 Broome Condominium, the First Department declined to dismiss a condominium board's fraud and breach of fiduciary claims against individual defendants.

Features

Why Brand Awareness Matters Image

Why Brand Awareness Matters

Nicolle Martin

Building brand awareness takes time, effort and consistency. You won't see immediate results, and that can be disheartening. But there's a silver lining: every interaction, every engagement, every mention contributes to your brand awareness.

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Untangling the Costs of Cyber Breach Recovery (and Strategies to Avoid Overbilling) Image

Untangling the Costs of Cyber Breach Recovery (and Strategies to Avoid Overbilling)

Christian Geyer

As cyber threats (and their price tags) evolve, so must the strategies companies use to navigate breach recovery. The future of breach recovery lies in smarter, faster solutions — particularly AI-driven approaches that streamline data mining and ensure breach notification compliance without compromising security or inflating costs.

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Unlocking Your Lawyers' Rainmaking Potential Image

Unlocking Your Lawyers' Rainmaking Potential

Yuliya LaRoe

With law firms continuing to face heightened market and industry pressures, business development is essential for both law firm growth and individual lawyer success. However, coaching lawyers to become effective rainmakers presents unique challenges.

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Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor Image

Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor

Michael L. Cook

The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."

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    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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