LJN Newsletters

A recent decision by the Seventh Circuit, appears to change the playing field in debtors' favor. In re Caesars Entm't Operating Co established a two-part test that appears far more favorable to debtors than the previous standards applied to such injunctions.

Editor's NoteDear Readers: It is with the deepest regret that we must inform you that this issue of The Insurance Coverage Law Bulletin will be the last.…

Cyber attacks and IT security breaches are being constantly reported (the "Panama Papers" being the most recent spectacular example), and almost certainly represent just the tip of the iceberg. No one can doubt that cybersecurity is a very significant global issue with cybercrime a major international menace ' any statistics about these issues always make for grim reading.

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.

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.

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.

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.