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  • In addition to helping make strategic business decisions, general counsel and chief legal officers are now often tasked with playing a leading part in a corporate cybersecurity and data privacy plan, according to the Association of Corporate Counsel's 2020 State of Cybersecurity Report.

    August 01, 2020Dan Clark
  • This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.

    August 01, 2020Rebecca Kirk Fair, Peter Hess and Vendela Fehrm
  • To say the least, for those companies that filed for bankruptcy on the eve of the COVID-19 shutdowns, the strategies — and available cash flows to pay landlords — did not go as planned.

    August 01, 2020Jonathan Koevary and Robert Gagne
  • There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

    August 01, 2020Matthew I. Kramer
  • In the process of creating new content, AI, which has moved into the entertainment industry, may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.

    August 01, 2020Shaleen J. Patel and Sushmitha Rajeevan
  • Statute of Frauds Bars Lease Claim Buildings Constitute Horizontal Multiple Dwelling No Agreement to Renew No Wrongful Eviction When Subtenant Remains On Premises

    August 01, 2020ssalkin
  • In a decision that narrowed what actions can be brought by Delaware companies' stockholders in the context of a merger, the Delaware Court of Chancery dismissed claims brought against former 21st Century Fox executives, including three members of the Murdoch family.

    August 01, 2020Ellen Bardash
  • This article reviews a recent case, D2 Mark LLC v. OREI VI Investments LLC, to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.

    August 01, 2020Jeffrey B. Steiner and Scott A. Weinberg