This article examines the compliance issues raised by California's Online Privacy Protection Act, and the FTC's recent changes to the federal Children's Online Privacy Protection Act, and what companies must do to ensure they are not in violation.
Corporate bankruptcy is an area that is often feared and misunderstood by those who believe that bankruptcy will be the end of their business. In reality, most businesses operate with limited difficulty in Chapter 11.
M&A practitioners frequently face the vexing issue of whether to include target company financial projections in stockholder solicitation materials. A look at a recent ruling.
As a New York appellate court recently instructed in <i>Women's Interart Center v. New York City Economic Development Corp.</i>, a "lease" may or may not be a lease, depending on the agreement's terms.
In a case reminiscent of a man-bites-dog story, a franchisor's action to enforce its post-term restrictive covenant was recently dismissed for being in violation of its own forum selection clause.
The date that a lease begins is an extremely important lease issue. To help reduce the possibility of successful lease audits, wise practitioners utilize something called the "Lease Year."
The market has seen significant activity in lease renewals. This article examines the steps to be taken and the key issues to keep in mind if you represent either a landlord or tenant looking at a lease renewal as an option.
The Certificate and Evidence of Insurance forms that ACORD made effective in late 2009/early 2010 have raised alarm among insurance certificate holders and their attorneys. Here's why.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Internet interviewing will undoubtedly become the norm over the next decade. Being familiar with the ways to enhance its reliability and validity will be necessary to create scientifically valid, controlled, and reliable studies that can be used in Lanham Act litigation.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale — especially since it included a new and controversial foreseeability test in its analysis for estoppel.
