Features
Secured Lender's Loss of Possessory Lien Affirmed
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee without first seeking adequate protection.
Features
Financing the Cloud
One subject not getting near enough attention is the role IT financing will play as companies migrate to the cloud in a bid to save costs and bring added flexibility to their business models.
Circular Lien Priorities: Tackling Three-Party Subordination
This article discusses the priority issues that can arise where three or more creditors claim a security interest in the same collateral and a recent Seventh Circuit case, <i>Caterpillar Financial Services v. Peoples National Bank,</i> that addresses this infrequently adjudicated problem.
Features
Recovery of Make-Whole Premiums
Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate on alender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case.
Cyberinsurance: Making the Policy Fit
It seems that everyone these days, from President Obama to Facebook account holders, is concerned about cybersecurity. Data breaches and cyberintrusions are front page news, and businesses are warned to take a 'when, not if' approach to these threats.
Features
Online Retailers Lose Challenge to New York's Internet Tax
In a case that has far-reaching ramifications because of the exponential expansion of cyberspace in general, and because of the growth of e-commerce in particular, the New York Court of Appeals has rejected challenges by two major online retailers to New York's 'Internet tax,' which requires collection of a sales tax on online purchases made by New York residents.
Features
e-Discovery 3.0: Preparing for a New Era of Forensic Collections
When a corporation involved in a high-profile lawsuit last year wanted to find an incriminating text message that a former employee intentionally deleted from his mobile phone, its legal team did not conduct a nationwide manhunt for the sender's device or subpoena his wireless carrier. In the modern era of high-tech litigation, the company's forensic specialists simply used the UFED Touch Ultimate data extraction, decoding and analysis tool from Israel-based Cellebrite Ltd.
Features
The War on Cybercrime Heats Up
Cybercrime is neither rare nor isolated these days. You no longer need to be a major bank, retailer, credit card company, social media site or government to become a target. Every company with an online presence, or even a connection to the Internet, has become fair game.
Features
DMCA 'Safe Harbor' Consensus Among Circuits Evolves
The Ninth Circuit recently issued an important ruling in <i>UMG Recordings, Inc. v. Veoh Networks, Inc.</i> relating to DMCA 'safe harbor' protection .
Features
Using an Online Deadline Management System To Reduce Risk
Managing deadlines is a critical part of every law practice. Missed deadlines are frequently one of the most common reasons lawyers get sued or their clients file grievances.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›
- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›