Features
Supreme Court Rules States Cannot Be Involuntarily Liable for Copyright Infringement
The U.S. Supreme Court has ruled that individual states are free to commit copyright infringement. The Court held that Congress attempted to abrogate states' sovereign immunity in an unconstitutional manner when enacting the Copyright Remedy Clarification Act of 1990 (CRCA).
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Bankruptcy Asset Sales During COVID-19 Crisis
The COVID-19 pandemic is already leaving its mark on the bankruptcy asset sale landscape. Despite the uncertainty — or even because of it — bankruptcy should still be viewed as a useful tool to effectuate the acquisition of assets. The current situation and anticipated distress across many industries presents opportunities for purchasers to acquire assets on favorable terms.
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COVID-19: Cybersecurity and Insurance Coverage
When cyber attacks succeed, in-house counsel and risk management professionals will look for coverage under their cyber insurance policies. Insurance coverage for such incidents, however, are also present in other policies, and these other policies should not be cast aside.
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Pension Plans Changes: Will Retiring Partners Shoulder the Risk?
For some firms in the Great Recession, reduced revenues combined with the overwhelming pressure from multimillion-dollar pension liabilities — a holdover from the days when pensions were simply a promise firms made to retiring partners — were too much to bear. But with the Great Recession now a decade in the past and another recession brewing, has the industry learned from its mistakes?
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TRO Bid in Arts Case Results in COVID-19 Rebuke from Judge
At this moment in COVID-19 time, if your case involved stopping the sale of counterfeit unicorn products on the Internet, sorry, that wouldn't be an emergency. That was the message from U.S. District Judge Steven C. Seeger, in a decision denying a request for a temporary restraining order filed on behalf of Art Ask Agency, the exclusive licensee for the fantasy art of British artist Anne Stokes, who is popular among the Dungeons and Dragons crowd.
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COVID-19: A Massive Impediment to Bankruptcy Relief
With Uncertainty As to When the Pandemic Will Ease, Bankruptcy Courts Do Not Seem to Be a Panacea Leading to Successful Reorganizations or Orderly Liquidations for Troubled Companies The impact of COVID-19 on efforts of businesses to reorganize or even orderly liquidate in bankruptcy has been swift and devastating
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How a Law Firm's Comp System Affects Profitability and Partner Satisfaction
Compensation systems are typically a strategic afterthought, seen as the means by which to allocate the spoils of a successful strategy. They're viewed as affecting the level of grousing among partners, but not a firm's performance. The data, however, indicates the reverse is true.
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COVID-19: How to Keep Cybersecurity in Mind When Negotiating Work-From-Home Vendor Contracts
COVID-19 spurred an overnight surge in demand for work-from-home vendors — from videoconferencing companies to cloud service providers. This caused some companies to rush into service contracts without fully appreciating the privacy and cybersecurity risks involved.
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New FCPA Decision Limits DOJ's International Reach
In recent years, we have seen the DOJ expand its international focus, as it looks to punish foreign nationals, often for conduct that occurred almost entirely outside of the territorial borders of the United States. DOJ's eagerness, however, has not been matched by judicial enthusiasm concerning the extraterritorial application of U.S. law.
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UMG Defense Lawyers Discuss Ruling in Artists' Suit Over Warehouse Fire
In April, a U.S. District Judge tossed a six-count, $100 million-complaint against Universal Music Group that was filed after a 2008 warehouse fire that reportedly destroyed master recordings. The class action was originally brought by or on behalf of recording artists. After the ruling, Gibson, Dunn & Crutcher partners Scott Edelman and Deborah Stein and associate Nathaniel Bach, who served as defense counsel in the litigation, discussed the case.
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