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Features

The Future of Data Protection Enforcement: It’s Hammer Time! Image

The Future of Data Protection Enforcement: It’s Hammer Time!

Melissa Paulk

The landscape of data protection and privacy continues to expand, and with that expansion comes increased scrutiny and the promise of increased enforcement. 2025 will mark a convergence of the proliferation of artificial intelligence, a growing understanding of and desire to exercise consumer rights and protections and new legislation, meaning increased regulatory enforcement is inevitable. This article explores the impending new legislative landscape, what increased enforcement may look like and how companies can prepare for optimal compliance.

Features

Does Your Corporate Compliance Program Reasonably Prevent Fraud? New UK Guidance Demands It Image

Does Your Corporate Compliance Program Reasonably Prevent Fraud? New UK Guidance Demands It

Jonathan New & Patrick Campbell & Jamie Reiner

This article first discusses the legal backdrop of the UK’s new strict liability law and then summarizes what companies need to know about the new UK guidance, with particular emphasis on the areas where it expands on the ECCP.

Features

Three Things Trustees Should Know About Affirmative Defenses in Preference Litigation Image

Three Things Trustees Should Know About Affirmative Defenses in Preference Litigation

Brad Jones

Since 2019, courts have struggled with the interpretation of due diligence requirement to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff’s complaint. While the law is still developing, there are three important takeaways for trustees to consider.

Features

FL Appeals Court Overturns $82.6 Million Award for Rapper Flo Rida In Endorsement Deal Litigation Image

FL Appeals Court Overturns $82.6 Million Award for Rapper Flo Rida In Endorsement Deal Litigation

Lisa Willis

It’s back to court for rapper Tramar Dillard, who goes by the stage name Flo Rida, after the Florida Court of Appeals, Fourth District, ruled that a Broward trial court judge erred in his jury instructions when awarding $82.6 million in a breach of contract lawsuit against the makers of Celsius energy drinks in January 2023.

Features

Avoiding Legal Risks: Crafting a Strong Do Not Call Policy Image

Avoiding Legal Risks: Crafting a Strong Do Not Call Policy

Paul St. Clair

A strong Do Not Call Policy is vital to comply with the Telephone Consumer Protection Act. Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.

Features

Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for TCPA Compliance Image

Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for TCPA Compliance

Paul St. Clair

Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.

Features

Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for Compliance Image

Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for Compliance

Paul St. Clair

A strong Do Not Call Policy (DNC) is vital to comply with the Telephone Consumer Protection Act. Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.

Features

Is a Master Lease to Operate Healthcare Facility Classified As ‘Residential’ or ‘Nonresidential’ In Bankruptcy? Image

Is a Master Lease to Operate Healthcare Facility Classified As ‘Residential’ or ‘Nonresidential’ In Bankruptcy?

Francis J. Lawall & Nikki Donofrio

One of the most significant calls on cash in a bankruptcy involves post-petition rent obligations due on leased facilities. Under the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.

Features

What Qualities Will Distinguish Good from Great Service In 2025? Image

What Qualities Will Distinguish Good from Great Service In 2025?

Ari Kaplan

The qualities that matter most to corporate leaders typically relate to partnership, service, and transparency. Legal teams incorporating these traits more comprehensively into their representation will stand out and create a competitive advantage in 2025, particularly given the heightened preferences for automation and self-service options.

Features

Exploring Generative AI’s Impact on Intellectual Property Image

Exploring Generative AI’s Impact on Intellectual Property

Jazmyn Ferguson & Matt Minder

This article highlights some of the challenges GenAI presents, and recent developments in copyright law and trademark law in this quickly evolving space.

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