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Get Ready for California's Version of the EU General Data Protection Regulation Image

Get Ready for California's Version of the EU General Data Protection Regulation

Jacqueline Klosek

The entertainment industry is intensely focused on data collection and analytics as it seeks to maximize the exploitation of digital content. Just as those of us in the privacy field had begun to have a slight breather as much of the heavy lifting on the GDPR was finally behind us, lawmakers in California have passed the California Consumer Privacy Act of 2018 (CCPA).

Features

Coordination or Duplication? DOJ Adopts New Policy to Prevent 'Piling On' of Corporate Penalties Image

Coordination or Duplication? DOJ Adopts New Policy to Prevent 'Piling On' of Corporate Penalties

Jonathan B. New & Victoria L. Stork

In May 2018, the Department of Justice (DOJ) announced a new policy to address a growing problem in white-collar criminal and civil enforcement. With increased…

Features

State Attorney-Client Privilege Rule Incorporated into Federal Law Image

State Attorney-Client Privilege Rule Incorporated into Federal Law

Robert J. Stearn, Jr., Cory D. Kandestin & Christopher M. De Lillo

<b><i>Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating in Delaware</b></i><p>Because state law applies at the time a transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a suit is filed in federal court and brings claims under federal law? Does state privilege law still apply?

Features

New Development Projects: The Reports of Demise Were Greatly Exaggerated Image

New Development Projects: The Reports of Demise Were Greatly Exaggerated

Michael R. Leighton

Numerous shopping center developers use a “layer-cake” of financing, including state and federal tax incentives to reduce the costs of debt and equity financing. The industry correctly saw that the market value of the credits would drop once the Jobs Act become effective. Such tax cut could undoubtedly impact the ability of developers to raise equity, certainly for new projects not yet placed in service.

Features

Summary of Developments Under New York's Environmental Quality Act Image

Summary of Developments Under New York's Environmental Quality Act

Michael B. Gerrard & Edward McTiernan

The courts issued 41 decisions in 2017 under the New York State Environmental Quality Review Act, and changes were made to regulations themselves this year. This article summarizes the most important of these cases and regulation changes, and the patterns they represent.

Features

General Data Protection Regulation: Defense or Offense? Image

General Data Protection Regulation: Defense or Offense?

Nina Cunningham

Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.

Features

Five Takeaways from Recent Cybersecurity Developments by Colorado and the SEC Image

Five Takeaways from Recent Cybersecurity Developments by Colorado and the SEC

Brian Neil Hoffman

Colorado recently adopted a new law expanding companies' obligations in the event of a cybersecurity incident, and establishing new data security and disposal obligations. Recent announcements by the SEC likewise emphasize important responsive points for both companies and their personnel in the wake of an incident. Five key takeaways from these developments are highlighted in this article.

Features

What the C-Suite Needs to Know About FCPA Prosecutions Image

What the C-Suite Needs to Know About FCPA Prosecutions

C. Ryan Barber

In 2017, the Justice Department charged 20 people with FCPA violations — the second-highest single-year total since the law's passage in 1977, according to a new study by Arent Fox.

Features

Issues Between EU Data Protection, Use of Blockchain Image

Issues Between EU Data Protection, Use of Blockchain

Justin Hectus & Kristy Sambor

Emerging technologies and regulations have the power to create, shape or kill businesses. For the entertainment industry, the European Union's (EU) General Data Protection Regulation (GDPR) and blockchain technology each embody forces that have the potential for profound impact. Taken in tandem, the GDPR and blockchain highlight the possibilities and pitfalls of disruption and the importance of cross-organizational collaboration in compliance and innovation initiatives.

Features

The Tax Cuts and Jobs Act and How It Affects Real Estate Image

The Tax Cuts and Jobs Act and How It Affects Real Estate

Peter M. Fass

<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).

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