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Don't Be United in Facing Your Next Crisis
Even if you follow the law and all the internal protocols your firm has in place, you may still find that clients and the public view your actions negatively. In situations where you believe you are in the right, the instinct is not to apologize. Here is how to correctly handle a high-profile PR crisis.
Commercial Leases and the Law of Electronic Transactions
Over the past 20 years, the rise of email as a generally-accepted medium of business communication has prompted the law to allow certain contracts, including leases, to be entered into electronically, without a handwritten signature. This article addresses recent developments and the present state of the law with respect to commercial leasing and electronic media.
Support Animals As an Accommodation for Persons with Disabilities
With increasing frequency, requests for emotional-support and service animals in housing lead to disputes under the Federal, State and City Discrimination Laws that protect the disabled. The requests are often mishandled by either the housing provider, the disabled person or both.
Supreme Court Rules on Design of a Useful Article
Fashion, furniture, and other design-oriented companies will take note of the Supreme Court's recent decision in <i>Star Athletica, L.L.C. v. Varsity Brands, Inc.</i>, which resolved a division among the federal circuits on the issue of the separability of designs of useful articles under the Copyright Act.
Financing and Leasing Technology Is a Strategic Advantage
Advances in technology and software are being made at an increasingly rapid pace. As a result, IT hardware obsolescence cycles are shrinking too. This period of exponential improvement with which we are all now familiar has shown time and again that there will continue to be breakthroughs in technology that deliver better, less expensive, and/or more robust products. How are you equipping your firm to succeed both in the present day and into the future?
Would <b><i>Jevic</i></b> Have Come Out Differently with Gorsuch?
In <I>Jevic</I>, the members of SCOTUS — sans Neil Gorsuch, who had not yet been confirmed — declined the invitation to "upend" the absolute priority scheme. The question presented: "Can a bankruptcy court approve a structured dismissal that provides for distributions that do not follow ordinary priority rules without the affected creditors' consent?" SCOTUS's answer: a resounding "No." Would Gorsuch have changed that?
Using Computer Forensics to Investigate Employee Data Theft
When suspicions of employee data theft arise, it is important to engage a computer forensics expert to perform a theft-of-IP analysis in order to preserve electronic data and uncover important evidence.
State of the Industry: e-Discovery and Cybersecurity
<b><i>Part One of a Three-Part Article</b></i><p>There are stark differences between e-discovery and cybersecurity, most notably that cybersecurity, as an avenue of career opportunity and responsibility, is much, much bigger. An examination of the current state of both industries coupled with a deep dive into the history of e-discovery will offer a prophetic look at the likely hiring patterns, job availability, compensation trends, and industry maturation of the cybersecurity vertical over the next decade.
Got a Negative Online Review? First Things First: Turn Off Your Attorney
It happened. Some current or former client had the gall to write something less than flattering about you online. What do you do? The first thing to do, and this can be the hardest thing for attorneys, is to turn off your attorney. Feedback can be hard to take.
Are Pharmacy Benefit Managers' Cost-Containment Claims a Shell Game?
In today's political climate, one of the hottest topics is the rising cost of healthcare and drugs. Following the last election, all industries should anticipate change, especially in healthcare. While much of the focus is currently on whether the Affordable Care Act will be repealed, one of the areas the government continues to scrutinize is costs.

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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • Compliance Officers and Law Enforcement: Friends or Foes?
    <b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.
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  • Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
    Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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