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Increasingly, true reorganizations under Chapter 11 are the exception, not the rule, as corporate debtors utilize bankruptcy sales to maximize asset value and pay creditors. This trend blurs the line between reorganizations and liquidations.
Features
According to the author, "Retreat" should be referred to an "Advance": 1) to move or bring forward; 2) to bring into consideration or notice; suggest; propose; 3) to improve; further, to advance one's interests.
Features
In 2015, the FCC issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs). Having taken on BIAS, the Commission needed to address the FCC's privacy and data protection regulatory scheme.
Features
In last month's newsletter, the author shone a light on the risk that a third party ' like a consultant, agent, broker or distributor ' will involve the company in activities that could expose it to liability for violations of the the Foreign Corrupt Practices Act (FCPA), the government's primary weapon against bribery of foreign officials. That discussion concludes herein.
Internal investigations have always posed vexing issues. In-house counsel need to make difficult decisions on matters such as scope and purpose of the investigation, who will conduct the investigation, how costs will be controlled, and the work product that they will generate.
Columns & Departments
A look at a case in which a landlord recovered in a nonprimary residence proceeding.
Columns & Departments
Federal Circuit: A Computer Database Logical Model Is Not an Abstract Idea If Directed At a Specific Implementation of a Solution to a Problem In the Software Arts <br>Federal Circuit: In Claim Construction Analysis, Plain Term Meanings and Presumption of Claim Differentiation Get Outweighed By Intrinsic Evidence and Prosecution History
Features
Buy-sell agreements are arrangements between owners of a business where one or more owners agree that they will purchase the interest of an owner who withdraws or becomes deceased. Essentially, a buy-sell agreement is similar to prenuptial agreement between business owners, which details the financial aspect of the unwinding of the business relationship.
Features
One of the motivations for enacting the Digital Millennium Copyright Act (DMCA) was the acknowledgement by Congress of "the ease with which pirates could copy and distribute a copyrightable work in digital form was overwhelming the capacity of conventional copyright enforcement to find and enjoin unlawfully copied material." Among the provisions created to redress this rampant infringement were the prohibitions against: 1) removing copyright management information (CMI); and 2) circumventing technological measures in place to prevent infringement. Each is controversial.
A look at a co-op shareholder's action for a judgment that the co-operative corporation and its board breached obligations under the proprietary lease by unreasonably withholding consent to alterations.
