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Court of Appeals Reaffirms that Deference Is Alive and Well When It Comes to Substantive Requirements of SEQRA EISs
March 01, 2018
The New York Court of Appeals has long established that an agency's assessment of environmental impacts pursuant to the New York State Environmental Quality Review Act, or SEQRA, is entitled to substantial deference, admonishing lower courts that it is not their role to substitute their judgment for the judgment of agencies undertaking the action. Sometimes, however, lower courts give lip service to the deferential standard of review but fail to apply it.
China's Cybersecurity Law Isn't Just About Cybersecurity
March 01, 2018
The law — which includes data localization mandates, cybersecurity best practices, and data transfer restrictions — has similarities to other cyber laws such as the EU's General Data Protection Regulation (GDPR). But in this case, it's also being used to police internet content and behavior.
New Federal Tax Act Gives New Life, and Twists, to Treatment of Film, TV and Stage Productions
March 01, 2018
Section 181 of the IRC has provided benefits to both producers of movies and television programs and — under pass-through legal structures such as limited liability companies — to their investors. Now, with the enactment of the sweeping new federal tax law, §181 has been given new life, with a couple of additional benefits and a couple of additional twists.
Decision of Note: TV Reality Show Release Overrides Objection Clause
March 01, 2018
The U.S. District Court for the Southern District of New York upheld a release clause signed by an entertainment attorney who appeared in WE network's reality TV show Money. Power. Respect.
Supreme Court Asked, Again, to Weigh In on Data Breach Standing as Circuit Split Widens
March 01, 2018
CareFirst, a large health care company involved in a data breach case, asked the U.S. Supreme Court to weigh in on whether victims can establish Article III standing to sue for the risk of future identity theft. The Court denied the request, leaving intact a recent district court holding that consumers could successfully plead such a claim issue — and leaving a split among the federal appellate courts.
Compliance Officers: Law Enforcement Partners or Targets?
March 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>Part One of this article examines key actions brought by U.S. regulators against compliance officers in 2017 based on their failures to ensure that their firms maintain effective compliance and AML programs.
How Ticket Software Lost Trade Secret Protection
March 01, 2018
According to a recent case from the U.S. District Court for the Southern District of New York involving live-event ticket sales, a purported holder of a trade secret cannot omit a confidentiality provision from its terms of use and then claim trade secret status afterward.
Smart Contracts and Blockchain
March 01, 2018
As the entertainment industry continues to assess digital blockchain-distribution technology for tracking transactions, it's essential to consider the legal implications for smart-contracting and contract management.
Showcasing Attorney Expertise: Guidance for Law Firms
March 01, 2018
Many attorneys already share intellectual capital by writing articles or delivering presentations with the hope of attracting additional business. However, most individuals, and even firms, have not developed a cohesive plan to ensure maximum exposure.
Gone, But Not Forgotten: Evidence from the Archived Internet
March 01, 2018
As useful as evidence from the archived Internet can be in many white collar trials, admitting it into evidence is not always a straightforward proposition, as a number of recent cases show.

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