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Features
The answer depends, in part, on where the debtor's case is pending. In the Second Circuit, courts allow defendants to escape exposure to fraudulent transfer actions if the debtor's estate cannot identify at least one general unsecured creditor who would benefit from a recovery in that litigation. Not so in other courts.
Columns & Departments
Increased concern about international child abductions has led the Department of Homeland Security and the State Department to institute certain policies and procedures for single parents travelling internationally with a child. Practitioners should pay attention to these special considerations, particularly with summer travel on the horizon.
Features
It is almost impossible to open a newspaper today without reading about cybersecurity breaches. Target Corp., Neimann Marcus and many other companies have been targeted, and many experts think it is only a matter of time until law firms are targeted (if it's not too late already). All this "cyber risk" may have you pining for the days before computers, when almost all information was stored on paper.
Features
Today's lease exhibits are more numerous, have greater detail and often make up major terms and provisions of the lease. They need to be prepared and negotiated early in the lease preparation and negotiation process.
Features
Online counterfeit sellers are increasingly more sophisticated and are engaging in social media counterfeiting to exploit social media tools to bolster their sales of counterfeit products online.
Features
Cybersecurity and data protection, more than ever, are priority items for the government and private sector. The government has reacted by proposing legislative "fixes" that would require organizations to satisfy basic levels of cybersecurity protection and disclose breaches or face fines. Whether a mandatory compliance model will be effective given the rapid pace by which technology advances is unclear. It may be unrealistic to expect the government's legislative pace to keep up with hackers.
Features
This article is the first installment of a four-part series offering a model for attorneys to use when faced with the task of deconstructing a forensic custody assessment.
Features
This is the fourth article in a series covering various aspects of intercreditor agreements.
Columns & Departments
Analysis and discussion of several key cases.
Features
Is crowdsourcing valuable? An in-depth discussion.