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You Know About <i>Fisker</i> Image

You Know About <i>Fisker</i>

Jonathan Brand & Jonathan Friedland

TRUE or FALSE: Lienholder buys a distressed loan from original lender. Lienholder acts appropriately and reasonably at all times and lien is valid and perfected. Lienholder has an increased risk of having its credit bid limited or capped because of <I>In re Fisker Automotive Holdings, Inc.</I>

The Anti-Assignment Override Provisions Image

The Anti-Assignment Override Provisions

Barry A. Graynor

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?

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Protecting Law Firms from Increasing Cyberattacks Image

Protecting Law Firms from Increasing Cyberattacks

Peter F. Vaira

Cyberattacks are increasing at a startling rate in the business community, not only by hackers for personal intellectual skullduggery, but cyberattacks aimed at obtaining sensitive information. Law firms have become major targets of these illegal attacks, which are aimed at discovering and pilfering the entire subject matter of a commercial operation.

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Planning a Merger? Avoid Pitfalls through Proper Due Diligence Image

Planning a Merger? Avoid Pitfalls through Proper Due Diligence

Steven A. Davis & Marc Feigelson

After reaching an all-time high in 2013, the pace of U.S. law firm mergers and acquisitions is showing no signs of slowing down. With all of these deals in the news of late, you may be considering whether a merger or acquisition might be an appropriate growth strategy for your firm.

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Exhibits: Details and Timing Image

Exhibits: Details and Timing

Steven J. Roberts

The first part of this article discussed the purpose of, need for and some of the items included in, the exhibits to a lease. The conclusion herein addresses finalizing the lease and the exhibits.

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Litigating Awareness: Non-Economic Damages and the Unconscious Plaintiff Image

Litigating Awareness: Non-Economic Damages and the Unconscious Plaintiff

Roseann Lynn Brenner & Gary M. Every

In most medical negligence cases, the most difficult damages for an attorney to forecast are non-economic ones such as pain and suffering, and loss of enjoyment of life. This difficulty arises from the nature of the damages themselves ' pain, suffering and enjoyment are inherently subjective experiences.

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EU Data Protection Reforms Update Image

EU Data Protection Reforms Update

Andr' Bywater

E-commerce counsel would do well to familiarize themselves with the ongoing process of reforms to the EU data protection rules due to their eventual compliance impact and because they constitute more than a simple upgrade to the existing rules.

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Surviving the Medical Malpractice Claim Image

Surviving the Medical Malpractice Claim

Kevin M. Quinley

Successful defense of a medical malpractice case is a team effort. While the defendant physician is the focal point, a key team member is the defense attorney who will defend the physician and the standard of care exhibited in the case.

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Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2014 as well as some recent cases of note.

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IP Due Diligence Image

IP Due Diligence

Michael McGurk & W. Caroline Chen

Despite some significant hurdles, outside counsel can conduct a comprehensive due diligence analysis and deliver a sufficient result-driven analysis without disclosing any confidential information from the disclosing party.

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