The Future of Data Protection Enforcement: It’s Hammer Time!
January 01, 2025
The landscape of data protection and privacy continues to expand, and with that expansion comes increased scrutiny and the promise of increased enforcement. 2025 will mark a convergence of the proliferation of artificial intelligence, a growing understanding of and desire to exercise consumer rights and protections and new legislation, meaning increased regulatory enforcement is inevitable. This article explores the impending new legislative landscape, what increased enforcement may look like and how companies can prepare for optimal compliance.
Three Things Trustees Should Know About Affirmative Defenses in Preference Litigation
January 01, 2025
Since 2019, courts have struggled with the interpretation of due diligence requirement to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff’s complaint. While the law is still developing, there are three important takeaways for trustees to consider.
Avoiding Legal Risks: Crafting a Strong Do Not Call Policy
January 01, 2025
A strong Do Not Call Policy is vital to comply with the Telephone Consumer Protection Act. Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for Compliance
January 01, 2025
A strong Do Not Call Policy (DNC) is vital to comply with the Telephone Consumer Protection Act. Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
Is a Master Lease to Operate Healthcare Facility Classified As ‘Residential’ or ‘Nonresidential’ In Bankruptcy?
January 01, 2025
One of the most significant calls on cash in a bankruptcy involves post-petition rent obligations due on leased facilities. Under the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.
What Qualities Will Distinguish Good from Great Service In 2025?
January 01, 2025
The qualities that matter most to corporate leaders typically relate to partnership, service, and transparency. Legal teams incorporating these traits more comprehensively into their representation will stand out and create a competitive advantage in 2025, particularly given the heightened preferences for automation and self-service options.
