Features
The Small Business Reorganization Act: A New Bankruptcy Law for Small Businesses
The advantages of Chapter 11 bankruptcy are oftentimes unavailable to small businesses and its owners. The substantial disclosure and reporting requirements alone scare off many potential debtors. In response to this problem, Congress recently created the Small Business Reorganization Act of 2019.
Columns & Departments
In The Courts
Maryland Jury Convicts Former Executive on FCPA Charges for Bribing Russian Official to Win Nuclear Fuel Transportation Contracts
Features
Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions
In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability and likely will have advised their clients of the paramount need to be truthful. Voluntary communications, initiated by a company or individual, with government officials are of a different ilk, however
Features
Sympathy for the Debtor? Not When It Comes to Student Loans
The assumption that bankruptcy can't relieve a borrower of student loan obligations is incorrect, however a debtor must provide compelling evidence that an undue hardship will result if the debtor is required to repay the loan.
Features
The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask
Part Two of a Two-Part Article
Features
Can Artificial Intelligence Fix Security Issues?
There is great enthusiasm about what AI can do to promote better living conditions, evoking wisdom, providing business intelligence through deep analysis of behavior and habits, by signaling trends and anticipating demand. But there are other considerations as well. A critical one is cybersecurity.
Features
Unique Cyber Risks Faced By the Cannabis Industry
All companies face cybersecurity threats, but the legalized cannabis industry's storage of personally identifiable information and reliance on seed-to-sale tracking software can place it firmly within hackers' crosshairs.
Features
What Is the Appropriate Statute of Limitations Period for BIPA Claims?
The BIPA compliance lag has led companies using or collecting biometric information to consider how far back their liability may extend. The Illinois General Assembly, however, did not include an explicit statute of limitations period in BIPA. As a result, the statute of limitations has become one of BIPA's primary battlegrounds as litigants argue about potential class sizes and damages awards.
Features
The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask — 100 Days Out
Part Two of a Two-Part Article Part One of this article, last issue, covered how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues. Part Two continues with the rights that CCPA grants to Californians, the CCPA's impact on company privacy policies, how other states' privacy laws compare to the CCPA, exceptions and penalties for violating the Act.
Features
It's Getting Chilly: Federal Courts Continue to Wrestle With Impact of Aggressive DOJ Public Corruption Cases
In an environment of aggressive federal prosecution and regulation both businesses and public officials are challenged to identify the permissible line between proper financial transactions — things like campaign contributions and business entertainment — and unlawful payments. And, in what the First Circuit called a "novel theory of Hobbs Act extortion," public officials now have to struggle with the scope of permissible advocacy — when does advocacy for constituents become extortion?
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- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin ClaimsOn June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.Read More ›
- Internet Goods and Product LiabilityThe Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.Read More ›
- Making the Office a Destination: The Rise of Hospitality In Law FirmsThe law firm office cannot remain unchanged, therefore, as if frozen in time set to some date prior to the onset of pandemic, when all the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
