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The International Encryption Debate: Privacy Versus Big Brother
July 01, 2019
Although increased reliance on technology such as emails and texts has provided greater opportunity to gather evidence of criminal activity, law enforcement agencies around the world complain that encryption technologies make it difficult to catch criminals and terrorists and therefore should be restricted.
Basic Tax Issues for Social Media Influencers
July 01, 2019
This article provides a general introduction to social media influencers and discusses common tax issues arising on the income side of the equation. What is taxable income? What happens if the influencer's compensation is paid in equity?
Counsel Concerns: Bid to Remove Daughters' Lawyer from Petty Estate Litigation
July 01, 2019
Remember the nasty fight between Tom Petty's widow and daughters over control of his estate? Now the mud is splattering the lawyers, too.
Involuntary Bankruptcy: Limited Remedy and Strong Sanctions for Abuse
July 01, 2019
A bankruptcy court decision recently detailed how courts applying Bankruptcy Code §303(i) can sanction creditors who "abuse … the power given to [them] … to file an involuntary bankruptcy petition." The decision shows why the filing of an involuntary bankruptcy requires careful pre-filing legal judgment.
When Key Employees Quit: 5 Things You Must Do to Keep Control of Critical Data
July 01, 2019
Losing a key employee is never easy — they often take with them institutional knowledge, great internal and external relationships, and critical skill sets. There is also a risk that they'll take some information or data with them when they go, either inadvertently or on purpose.
Does a Roof's Warranty Remain Effective Under Solar Panels?
July 01, 2019
The growing interest in alternative fuel sources may be a boon for property owners seeking new ways to generate profits and savings. But care should be taken when a roof is the proposed site of a solar-panel installation, whether managed by a property owner or by a lessee.
Training Machines to Speak Legalese: The Perils and Promise of AI in Law
July 01, 2019
When AI is deployed appropriately with proper oversight, it helps us make connections we couldn't see before, leading us to new legal and business insights. But teaching machines how to interpret “legalese” is nearly as challenging as the task it is trying to solve.
Discovery Concerns In Blockchain Litigation
July 01, 2019
The increased use of blockchain technology and cryptocurrencies, which have spread to the entertainment industry, including for royalty revenue determinations, has given rise to a variety of disputes. Substantive issues regarding the offer, sale and trading of digital tokens are coming before the courts, prompting novel discovery questions in these cases.
The Curious Case of Extraterritoriality and Fraudulent Transfer Under the Bankruptcy Code
July 01, 2019
<i>Courts Are Divided on the Issue of Whether the Fraudulent Transfer Recovery Provision Applies Extraterritorially</i><p>The U.S. Court of Appeals for the Second Circuit recently issued an opinion concluding that trustees can pursue recovery from foreign subsequent transferees who received property in transactions that occurred entirely outside the United States. The opinion reversed two lower court rulings and arguably conflicts with Supreme Court precedent on extraterritoriality of U.S. legislation.
The Importance of Social Skills: Technology and Data Are Not Enough to Grow Your Firm's Business
July 01, 2019
Data is taking over our lives. And preceding that is all of the applications and technology that exists that helps us measure that information. But technology and data are not going to be the only growth drivers of a firm in the future. What's going to become most important in the face of the technological changes that are occurring in law firms is a lawyer's "soft-skills."

MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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