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Standing to Assert Claims for Online Privacy Breaches Image

Standing to Assert Claims for Online Privacy Breaches

Shari Claire Lewis

Many believe that we are on the precipice of a deluge of litigation ' both individual and multiparty/class action ' concerning how an individual's data is handled and the remedy, if any, if that data is misused or wrongfully disclosed. A case recently argued before the U.S. Supreme Court involves the intersection of the Internet and privacy laws and may affect the future of litigation against companies that operate on the Web as well as traditional brick-and-mortar businesses.

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Cross-Examination Using Learned Treatises Image

Cross-Examination Using Learned Treatises

John L. Tate

Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed. Here's why.

<b><i>In Re Revel AC, Inc.:</i></b> The Third Circuit's Roadmap Around Equitable Mootness Image

<b><i>In Re Revel AC, Inc.:</i></b> The Third Circuit's Roadmap Around Equitable Mootness

Brian L. Shaw & Allison B. Hudson

Recently, in <I>In re Revel AC, Inc.</I>, the Third Circuit provided guidance on "how to conduct a balancing of the stay factors." While the court's analysis in <I>Revel</I> was not a shocking revelation, it provides significant guidance on the most effective way to avoid losing appeal rights to the hard-to-pin-down doctrine of equitable mootness.

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Marijuana and Bankruptcy? Not Really Image

Marijuana and Bankruptcy? Not Really

Robert C. Yan

Like many others, parties engaged in or deriving income from the legal commercialization of medical marijuana, either directly or through another party are not immune to financial distress, and sometimes, seeking bankruptcy relief may be strategic or necessary. Unfortunately, Marijuana-Related Parties have found elusive the protections and benefits under the Bankruptcy Code.

Big Investments In Cybersecurity A Must, GCs Say Image

Big Investments In Cybersecurity A Must, GCs Say

Gina Passarella

More than ever before, in-house counsel are focused on and willing to devote resources to cybersecurity, a comprehensive survey from the Association of Corporate Counsel (ACC) found. But many have yet to take the necessary steps to ensure their data is protected. As the survey and anecdotes from general counsel show, for many companies, it isn't until after a data incident that they address what areas need shoring up.

Wage and Hour Red Flags Image

Wage and Hour Red Flags

George F. Camerlengo

Last month, we discussed the fact that many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. We discussed eight key points, the last of which was that generally, employees cannot agree to waive rights under the Labor Code. We conclude herein with points 9 through 16.

Features

Chapter 11 Plans of Reorganization and Equipment Lessors Image

Chapter 11 Plans of Reorganization and Equipment Lessors

Deirdre M. Richards

Filing Chapter 11 is a very expensive proposition these days. The filing fees, coupled with the astronomical attorneys' and special litigation counsels' fees, plus the accountants' fees, are just a few of the expenses for a debtor-in-possession ("DIP"). So what does this mean for us as equipment lessors?

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What's New in the Law Image

What's New in the Law

Robert W. Ihne

True Lease Versus Security Interest

The Voluntary Payment Doctrine Strikes Again Image

The Voluntary Payment Doctrine Strikes Again

Stewart E. Sterk

The voluntary payment doctrine, which supposedly bars a party from recovering payments made erroneously but voluntarily, has reared its head once again in the real estate context, this time in <I>Drmak Realty, LLC v. Progressive Credit Union.</I>

<b><i>Professional Development:</i></b> New Year's Resolution 101 -- Business Development Training Image

<b><i>Professional Development:</i></b> New Year's Resolution 101 -- Business Development Training

Sharon Meit Abrahams

One of the greatest investments a firm can make is to train its talent ' its lawyers. What better way to begin a new year than a firm's management team getting behind a meaningful business development training program?

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