Although it remains to be seen to what extent the DOJ’s robust and aggressive approach to corporate enforcement will change in the forthcoming administration, companies should continue to take compliance seriously and make the necessary investments to prevent, detect and remediate misconduct.
At times, disputes arise among parties in commercial transactions as to whether multiple contracts involving a common matter should be read as a single, integrated contract, or as separate and distinct agreements. This issue often surfaces where one or more such agreements contain arbitration clauses, but other related contracts do not.
Notable recent court filings in entertainment law.
Addressing a matter of first impression, the bankruptcy appellate panel for the U.S. Court of Appeals for the Ninth Circuit recently held that fully secured, nonrecourse creditors qualify as “countable” creditors for purposes of determining the viability of an involuntary bankruptcy petition under Section 303(b) of the U.S. Bankruptcy Code.
In Anderson v. TikTok, Inc., the Third Circuit held that the liability of an Internet Service Provider such as TikTok depended on whether TikTok was sharing content via the platform’s algorithm or engaged in something more. The question of whether TikTok’s recommendation algorithm transformed content into TikTok’s own expressive activity was not immunized by Section 230 and has disrupted the protection previously enjoyed by Internet platforms like TikTok.
Positive 2024 financials in Big Law will likely lead to more cash flow that should be available for law firm innovation, industry analysts say. In particular, law firm leaders are looking to 2025 to further leverage generative artificial intelligence to transform their business.
High-profile individuals facing litigation often face a dual battle: in the courtroom and the court of public opinion. The rapid pace of digital information sharing magnifies reputational threats, including smear campaigns, privacy violations, and cyberattacks, requiring swift and strategic intervention to protect personal and professional standing.
Businesses are working to navigate AI responsibly, driven by legal compliance and concerns over potential misuse. Mismanaged AI could jeopardize critical systems and erode customer trust, underscoring the need for thoughtful implementation and oversight.
While there has been a slow pivot toward alternative fee arrangements in the last decade, many firms still cling to the tenet of the billable hour, even as artificial intelligence reimagines its contours.
The lifeblood of any debtor operating in Chapter 11 is access to cash to maintain ongoing operations. This is particularly important in cases involving assisted living and skilled nursing facilities given the health, safety, and welfare concerns with respect to their residents. One of the most significant calls on cash involves post-petition rent obligations due on leased facilities.
