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The 'Right to Control' Wire Fraud Theory Should Be Eliminated
November 01, 2020
In recent decades, federal fraud prosecutions have relied on the theory that a defendant can fraudulently deprive a victim of the intangible "right to control" its assets, even if the victim is not deprived of any tangible money or property. While this theory has been repeatedly affirmed by the Second Circuit, it is incompatible with a series of recent Supreme Court cases in which the Court has narrowed the scope of federal white-collar criminal statutes by adopting narrow definitions of the term "property."
Treatment of Straddle Year Federal Taxes in Bankruptcy Cases
November 01, 2020
When does a tax liability claim arise in a bankruptcy case? The issue was recently addressed by the U.S. District Court for the District of Delaware which ruled that federal income taxes for the year in which a debtor files for bankruptcy are entitled to priority treatment as administrative expenses when the end of the taxable year occurred after the bankruptcy petition date.
Lease Default Provisions Face Scrutiny During COVID-19
November 01, 2020
As rent defaults skyrocket in 2020, practitioners reviewing the default provisions in their clients' commercial leases must ask themselves a crucial question: Does the provision set out a conditional limitation or a condition subsequent?
Real Property Law
November 01, 2020
Servient Owner May Not Alter Easement Located By Terms of the Grant Referee Must Be Appointed Before Partition Sale of Shares In Corporate Owner Did Not Trigger Right of First Refusal
Video Conferencing and the CCPA
November 01, 2020
Users have become increasingly concerned about the privacy of videoconferencing platforms, due to exposure of information from security breaches. We examined the privacy policies of six prominent applications to determine their compliance with the California Consumer Privacy Act (CCPA).
Landlord & Tenant Law
November 01, 2020
Commercial Tenant Liability Terminated When Landlord Terminated Related Contracts Overcharge Claim Barred By Statute of Limitations
Nondischargeability Judgment Requires Willful and Malicious Injury Under Section 523(a)(6)
November 01, 2020
In re Smith The Bankruptcy Appellate Panel for the Tenth Circuit recently joined the majority of circuit courts of appeals in finding that a creditor seeking a judgment of nondischargeability must demonstrate that the injury caused by the prepetition debtor was both willful and malicious under Section 523(a)(6) of the Bankruptcy Code.
Bit Parts
November 01, 2020
Artist's Parents Get Dispute With Manager Sent to Arbitration Reasons for Approval of Pro Hac Vice Application in Music Litigation Third Circuit Knocks Down Right of Publicity Claim Over Character in Gears of War Video Game
Cybersecurity Practices Grow As Firms Compete for Talent
November 01, 2020
Law firms in every segment of the market are hiring cybersecurity and privacy laterals and launching new practices, as more of their clients become aware of their vulnerabilities while working remotely.
How to Use Reddit to Market Attorneys
November 01, 2020
It's safe to say that even if law firm marketers are familiar with Reddit, a very small percentage of lawyers are. But Reddit can be a valuable tool to market attorneys and law firms.

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