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  • The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.

    August 01, 2020Andrew C. Kassner and Joseph N. Argentina Jr.
  • Federal Circuit: Faulty Claim Construction Does Not End Patentability Determination Federal Circuit: Notice to Market Bio Product Not Negated By New Applications

    August 01, 2020Howard Shire and Shaleen Patel
  • Challenges facing us in 2019, while seemingly very distant, deserve attention in addition to the new obstacles our firms face during what may be a temporary flattening of the COVID-19 curve. Here are four areas that law firms must continue to address to remain on the right side of 2020.

    August 01, 2020Jessica L. Mazzeo
  • The London Interbank Offered Rate has long been the global basis for agreements that include a variable interest rate component. However, LIBOR would be replaced by other benchmarks by the end of 2021. Key to assessing risk of exposure, quantifying the financial impact, developing remediation plans and communicating material information to stakeholders will be the identification, analysis and remediation of LIBOR-based contracts.

    August 01, 2020Ryan Drimalla and Karl Dorwart
  • When we think about how the COVID-19 pandemic has changed the legal industry, one (frankly huge) question comes to mind: Do we really need offices anymore? As many are still working from home, meeting with clients over Zoom and some even conducting jury trials online, life of commuting to and from work seems farther away than February.

    August 01, 2020ssalkin
  • General assignments for the benefit of creditors (ABCs) have been and continue to be a popular business liquidation device for the orderly wind down of corporations, limited liability companies, and even nonprofit corporations and general partnerships. Just as in bankruptcy, an ABC can also be used to facilitate a going-concern sale of the debtor's assets to a third-party. Includes an interactive state-by-state map.

    July 31, 2020Mark S. Melickian and Hajar Jouglaf
  • By the time you read this, Americans will have been working from home for more than three months. This has never happened before in this country during the age of technology. As millions logged on to their home networks and personal devices in an attempt to keep their companies afloat, cybersecurity issues rose to the forefront of the many issues that companies had to manage.

    July 01, 2020Kenya Parrish-Dixon
  • The biggest challenge with any legal hold process is ensuring that potentially relevant data is actually preserved. But with evolving requirements for how data is managed by new data privacy laws like the CCPA and the GDPR, it's become harder to secure data by simply sending a legal hold and assuming the custodian will do their duty to preserve it.

    July 01, 2020Mike Hamilton