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Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss
November 01, 2024
At the motion to dismiss stage, courts usually won't consider affirmative defenses. This issue arose recently in a preferential transfer case, where a defendant sought to dismiss a complaint by arguing it was a mere conduit, not an initial transferee.
Preserving Bargained for Contractual Entitlements In a Cure and Reinstate Plan
November 01, 2024
This article focuses on the cure requirement under Section 1124(2)(A), highlights how courts have interpreted the interplay between Section 1124(2)(A) and related Bankruptcy Code provisions, and suggests best practices to ensure that creditors are not leaving money on the table.
Issues in Reverse Morals Clauses In Talent Influencer Contracts With Product Brands
November 01, 2024
The next company general counsel to slide a morality clause across the desk for a celebrity or web influencer to sign shouldn't be surprised if that talent also whips out a morals clause, one to cancel the contract if the company's brand acts immorally.
Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
November 01, 2024
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.
Individual Liability of Condominium Sponsor's Principals
November 01, 2024
When are the principals of a condominium sponsor individually liable for harms suffered by purchasers? In Board of Managers of 570 Broome Condominium, the First Department declined to dismiss a condominium board's fraud and breach of fiduciary claims against individual defendants.
Why Brand Awareness Matters
November 01, 2024
Building brand awareness takes time, effort and consistency. You won't see immediate results, and that can be disheartening. But there's a silver lining: every interaction, every engagement, every mention contributes to your brand awareness.
Untangling the Costs of Cyber Breach Recovery (and Strategies to Avoid Overbilling)
November 01, 2024
As cyber threats (and their price tags) evolve, so must the strategies companies use to navigate breach recovery. The future of breach recovery lies in smarter, faster solutions — particularly AI-driven approaches that streamline data mining and ensure breach notification compliance without compromising security or inflating costs.
Unlocking Your Lawyers' Rainmaking Potential
November 01, 2024
With law firms continuing to face heightened market and industry pressures, business development is essential for both law firm growth and individual lawyer success. However, coaching lawyers to become effective rainmakers presents unique challenges.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
November 01, 2024
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."
Compliance and Third-Party Risk Management
November 01, 2024
To gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.

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