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Common Pitfalls In Personal Device Collection Image

Common Pitfalls In Personal Device Collection

Marjorie Peerce & Marguerite O'Brien

Both the DOJ and the SEC have made it clear that they will look at company BYOD policies when assessing how to resolve matters under their purview. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.

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Sui Generis: Negotiate Like You Mean It Image

Sui Generis: Negotiate Like You Mean It

Lydia Pilch

As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two of this series addresses various negotiation events, strategies, desired outcomes and potentially low key disasters.

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In-House Counsel Perspective on Negotiating Social Media Influencer Contracts Image

In-House Counsel Perspective on Negotiating Social Media Influencer Contracts

Chris O'Malley

With the FTC amping up its scrutiny in the social media influencer space, in-house counsel has an opportunity to mitigate risk and help their companies get more bang for their influencer marketing buck.

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Seventh Circuit Applies Safe Harbor to Private Securities Transaction Image

Seventh Circuit Applies Safe Harbor to Private Securities Transaction

Michael L. Cook

"… [T]he term 'securities contract' as used in [Bankruptcy Code] §546(e) unambiguously includes contracts involving privately held securities," The Seventh Circuit held in Petr v. BMO Harris Bank, N.A.

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Retirement Succession Can Hedge Against Lateral Partner Acquisition Risks Image

Retirement Succession Can Hedge Against Lateral Partner Acquisition Risks

David Wood

While growing by acquiring lateral partners and practice groups can be lucrative, it carries many risks. Lateral candidates' projections of the revenue they will bring to a new firm can prove inaccurate, or a particular candidate may simply be a bad fit culturally.

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How to Structure Lawyer Blog Posts for Content Marketing Image

How to Structure Lawyer Blog Posts for Content Marketing

Ada Kase

Every law firm has its own platform for attorneys to establish themselves as thought leaders, but blogs written in legalese miss the mark. Here are easy ways to structure blog posts to make them more readable almost instantly.

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The Guaranty Law Continues to Divide Opinion Image

The Guaranty Law Continues to Divide Opinion

Matthew J. Schenker & Joshua Kopelowitz

This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.

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FCPA Compliance Guidance for Global Businesses Image

FCPA Compliance Guidance for Global Businesses

Cole Callihan

The Biden administration and its Justice Department have established countering corruption as a core U.S. national security interest. Companies with any international operations should ensure they have a robust written policy and compliance program focused on anti-bribery and corruption.

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Washington My Health My Data Act FAQs: Data Subject Rights Image

Washington My Health My Data Act FAQs: Data Subject Rights

Amy de La Lama & Andrea Rastelli

Like so many other features of the MHMDA, data subject rights are deceptively complicated and have the potential to create significant administrative hurdles to getting it right. In this article, we examine the tricky issues in our MHMDA FAQs and take a deep dive into data subject rights.

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New York's Guaranty Law Continues to Divide Opinion Image

New York's Guaranty Law Continues to Divide Opinion

Matthew J. Schenker & Joshua Kopelowitz

This article discusses the recent developments surrounding the constitutionality of New York's Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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