Features

Post-Petition Rent Obligations On ‘Residential’ Versus ‘Nonresidential’ Property
The lifeblood of any debtor operating in Chapter 11 is access to cash to maintain ongoing operations. This is particularly important in cases involving assisted living and skilled nursing facilities given the health, safety, and welfare concerns with respect to their residents. One of the most significant calls on cash involves post-petition rent obligations due on leased facilities.
Features

Florida’s Digital Bill of Rights Joins the Regulatory Framework
The proliferation of data breaches and increased sophistication of criminal attack vectors has led more states to enact their own reasonable security provisions as part of the patchwork quilt of privacy laws. Nineteen of the U.S. states which have enacted comprehensive privacy laws along with Florida’s Digital Bill of Rights (which took effect summer 2024) have provisions requiring controllers and businesses to establish, implement and maintain reasonable administrative, technical and physical data security practices to protect the confidentiality, integrity and accessibility of personal data.
Columns & Departments
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Columns & Departments
IP News
Federal Circuit: District Courts May Impose Deterrence Sanctions Even After They Had Already Awarded Attorney Fees and Costs Under 35 U.S.C. §285Federal Circuit: To Properly Claim A Negative Limitation, There Must Be SupportFederal Circuit: The Mere Beginning of a Step In a Claimed System Does Not Satisfy the Limitation
Features

What’s In Store for Commercial Real Estate In 2025?
With the start of 2025, the pressure’s on for definitive takes on where commercial real estate is going, how long it will take to get there, and who the winners and losers are.
Features

Instant Payment Platforms Bring Compliance Challenges
it has become clear that there is a growing and more pronounced regulatory scrutiny of instant payment systems. As the financial system continues to innovate and improve efficiency, financial institutions are encouraged to adopt a risk-based approach and periodically update their sanctions compliance controls and related technology solutions to ensure that they remain commensurate with the sanctions risks presented by instant payment systems.
Features

Avoiding Cringeworthy Business Development
This article talks about not shooting yourself in the foot when you are trying to develop more business — whether from current clients, referral sources or even potential clients.
Features

Navigating AI Risks: Best Practices for Compliance
The most forward-thinking companies embrace AI with complete confidence because they have created governance programs that serve as guardrails for this incredible new technology. Effective governance ensures AI consistently aligns with an organization’s best interests, safeguarding against potential risks while unlocking its full potential.
Features

The 5 Most Influential Patent Law Cases of 2024
We’re counting down to the new year with a recap of the five most influential patent decisions from 2024. Spanning damages, design patents, infringement loopholes, issue preclusion, and prior art disqualification, the U.S. Court of Appeals for the Federal Circuit had an active year issuing cases with a direct impact on innovation.
Columns & Departments
Landlord & Tenant Law
Commercial Tenant Not In Default
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›