Revisiting Allocation of Basis Issues
December 31, 2015
The courts have taken varying approaches to determining the basis of stock that is received by an insurance policyholder in exchange for the policyholder's surrender of membership rights in a mutual insurance company, in a "demutualization" transaction. While this may seem to be a narrow and abstruse question, the approaches taken by the courts may have application in other areas of the tax law affecting analogous transactions.
Big Investments In Cybersecurity A Must, GCs Say
December 31, 2015
More than ever before, in-house counsel are focused on and willing to devote resources to cybersecurity, a comprehensive survey from the Association of Corporate Counsel (ACC) found. But many have yet to take the necessary steps to ensure their data is protected. As the survey and anecdotes from general counsel show, for many companies, it isn't until after a data incident that they address what areas need shoring up.
Does Liability Insurance Cover Fantasy Sports Disputes?
December 31, 2015
It used to be that fantasy sports had to be a season-long commitment. But some people (either on their own or at the urging of their significant others) did not want to take on that type of time commitment or incur the cost of competing in a full-season league. Enter daily fantasy sports (DFS), which has given sports fans a more efficient outlet to achieve the fantasy adrenaline rush .
Ins and Outs of Group Registration Of Photographs
December 31, 2015
An important part of a professional photographer's life, and that of a photographer's attorney, is protecting the intellectual property produced by that photographer. Many photographers properly compile photographs from unrelated sources and register the photographs in an effort to protect their property rights in the images. Group registration of those images has enabled a much more efficient registration process, but does registration provide the statutory damage protections one might assume should be available?
Anonymous LLC Ownership
December 31, 2015
Recently, local, national and international governmental entities, as well as non-profit watchdog organizations, are increasingly focused on greater real estate ownership transparency, primarily to address concerns regarding the circumvention of anti-money laundering and counter-terrorism financing measures.
Hello, Kitty! Can You Smell That Smell? It's a Covered Loss!
December 31, 2015
The NH Supreme Court's recent decision in <I>Mellin v. N. Sec. Ins. Co.</I> is getting some attention, and not just because it's fun to talk about cat pee. The case sets a very important precedent regarding the definition of the term "physical loss" and the construction of pollution exclusions in NH property insurance policies.
Standing to Assert Claims for Online Privacy Breaches
December 31, 2015
Many believe that we are on the precipice of a deluge of litigation ' both individual and multiparty/class action ' concerning how an individual's data is handled and the remedy, if any, if that data is misused or wrongfully disclosed. A case recently argued before the U.S. Supreme Court involves the intersection of the Internet and privacy laws and may affect the future of litigation against companies that operate on the Web as well as traditional brick-and-mortar businesses.
Leasing and Finance Industry Economic Outlook
December 31, 2015
The Equipment Leasing & Finance Foundation's 2016 Equipment Leasing & Finance U.S. Economic Outlook reports that investment in equipment and software is expected to grow by a modest 4.4% in 2016.
New Year's Resolution for GCs in 2016: Establishing a Data Governance Committee
December 31, 2015
Data is an increasingly valuable corporate asset that must be managed competently, efficiently and responsibly in order for a company to be well-positioned to thrive in a connected and data driven economy. Governing of the organization's data must be a priority for 2016. Organizations that don't put proactive systems in place now may find themselves a distant memory from the dawn of the age of the Internet of Things (IoT) for a whole host of reasons.