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.
Features
Changes in the Legal Tech Market As Viewed Through Recent M&A Activity
Over the past few years, especially since the onset of the 'Great Recession' and even now during what appears to be an economic recovery, there has been increased talk about meaningful changes to the legal market. While there are a number of ways to analyze these changes, one interesting approach is to look at acquisition and private investment activity in the legal market over that same time period.
Is Outsourcing an Opportunity for Law Firms?
Although outsourcing is a bad word among some categories of employees, it allows companies to focus on core competence, build expertise, control expenses, eliminate waste and directly provide value to clients or customers. Ideally, the vendor bears the overhead cost for the outsourced service, and when the need comes to an end, so does the financial relationship.
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