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Two recent bankruptcy court decisions have highlighted certain weaknesses regarding bankruptcy remoteness ' a concept that typically arises in the context of structured finance and asset securitization transactions.
Features
At a recent CIO panel, an audience member asked the three of us on stage: "What do you see as your number one priority in the coming 12 months?" I responded "cybersecurity" without hesitation. The panelist that followed said that cybersecurity was a priority, but that it is a subset of risk management. This was not the first time I have heard the chief information pro and/or technologist in a large company make that point, and I have to respectfully disagree.
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Last month, we discussed a recent case in which CA's high court was asked to determine whether a lawsuit was properly pleaded as one for common law negligence, rather than medical malpractice. The answer was crucial to the parties, as it would determine whether the case could go to trial or must be dismissed. The article concludes herein with a look at a similar TN case.
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Prevention of the disintegration of families is such an important goal that judges, traditionally cautious, practical and careful, can be enlisted to actively try to reverse the effects of a family's crisis. When it appears that a child has been alienated from a parent, or soon will be, the necessity for judicial action is especially powerful.
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Within the first week of its release, the enhanced-reality game <i>Pok'mon Go</i> garnered 21 million users in the United States alone. The location-based game received praise for getting people out of the house and harsh criticism as a nuisance and for its role in accidents. Among the litany of legal issues the game raises is whether players can hold the game developers at Niantic liable if they walk off cliffs, crash their cars, illegally cross the border or happen upon a land mine.
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In preparation for the effectiveness of the crowdfunding rules, the SEC has issued a bulletin that serves as a guide for companies and investors, whose activities will be covered by Regulation Crowdfunding (the bulletin). This article summarizes the practical terms of the crowdfunding rules and the bulletin.
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In a surprise decision, the Seventh Circuit declined to follow the "plain meaning" approach adopted by other circuit courts, and rejected an opportunity to expand the safe-harbor protections afforded by Bankruptcy Code section 546(e) to protect "securities transactions" in the private market.
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A roundup of the latest legislation that affects equipment leasing.
Features
Maybe you represent a secured lender. Perhaps you represent a Chapter 11 debtor selling its assets under ' 363, or maybe you are a federal equity receiver, an assignee for the benefit of creditors, or maybe a state court receiver who is selling a company's assets pursuant to state law. Where do you post the information?