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In the Marketplace
May 02, 2017
Who's doing what; who's going where.
The Scope of the Dodd-Frank's Whistleblower Protection
May 02, 2017
Is a corporate employee who reports an employer's possible violation of the securities laws to a supervisor or internal compliance officer — but not to the SEC — considered a "whistleblower" entitled to protection from retaliation under Dodd-Frank? Courts that have considered this question have reached differing conclusions.
<b><i>Online Extra:</b></i><br> Legislation to Block a 'Netflix' Tax Is Shelved Amid Opposition
May 02, 2017
A Southern California assemblyman on Monday shelved legislation that would have blocked cities from taxing streaming video services such as Netflix and Hulu.
Second Circuit Upholds Ban on Private Investment In Law Firms
May 02, 2017
A federal appeals court rejected an attempt to loosen restrictions on private investment in the legal industry, dismissing arguments that ethics rules on so-called "fee splitting" impinge on lawyers' First Amendment rights.
Restaurant Industry Chapter 11 Bankruptcies
May 02, 2017
The past year has brought a wave of restaurant businesses filing for reorganization in Chapter 11. With inherently low profit margins, increased competition, limited pricing flexibility and a propensity for expansion without the support of underlying business fundamentals, the industry is particularly susceptible to business failure.
<b><i>Marketing Tech:</i></b> The Evolution of the Legal Profession and Artificial Intelligence
May 02, 2017
Getting down to business with AI means answering some basic questions and offering some suggestions about the pros and cons of incorporating AI into our businesses, and the impact it will have on our work lives and the future of our legal professions.
<b><i>Legal Tech: e-Discovery</b></i><br> <b><i>Solo v. United Parcel Services</b></i>: A Conversation About Proportionality
May 02, 2017
Three leading e-discovery industry thought-leaders recap some of the latest case-law and provide their takeaways.
Common Law Marriage
May 02, 2017
Why do so many misunderstandings about common law marriage persist? In an age where more couples say "I don't" than "I do" to traditional marriage, this article offers some points to consider.
Using Forum Selection Clauses to Reduce the Uncertainty of NY's and CA's Differing Views on Non-Compete Agreements
May 01, 2017
New York enforces reasonable employee agreements not to compete. California does not. This creates a nettlesome but common situation when a New York employer has employees who work in a different state. While the issue is not limited to New York and California, the laws of New York and California — where so many entertainment companies are based — are of special interest to the industry.
The Growing Convergence of Cyber-Related Crime and Suspicious Activity Reporting
May 01, 2017
Regulators and law enforcement are taking proactive steps to further leverage anti–money-laundering monitoring and reporting tools in their battle with cyber attacks and cyber crimes. In-house legal and compliance teams need to be fully versed in the latest FinCEN and bank regulatory guidance on cyber-related crimes and have the right professionals available to assist them with these matters.

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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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