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How Will Criminal Law Enforcement Be Able to Police the Improper Use of AI?
June 01, 2024
Given the DOJ's limited tools to prosecute AI crimes where no one intended for the AI to violate the law, effective compliance likely will be the best defense for companies to avoid criminal charges for AI-based crimes.
Maryland Data Privacy Law Signed; Goes Into Effect Next Year
June 01, 2024
Most state privacy laws have crafted bills as refinements of existing frameworks, tweaking language here, adding nuances there — but privacy experts say Maryland is notable in its approach.
Gen-AI Created Influencers Bring New Marketing Risks
June 01, 2024
A steep rise in the use of GenAI and computer-generated influencers brings with it new marketing risks and considerations for celebrities, influencers, and businesses alike.
Co-ops and Condominiums
June 01, 2024
Unit Owner's Claim Against Condo Board for Inaction Survives Summary Judgment Motion
U.S. Supreme Court Decides Copyright Damages-Lookback Issue But Not Discovery-of-Infringement Rule
June 01, 2024
In a 6-3 majority decision, the U.S. Supreme Court has resolved a copyright question that generated conflicting results in the U.S. Courts of Appeal for years. But as a forceful dissent pointed out, the court left open a more fundamental issue that could render the entire question moot.
IRS Keeps Hold On Employee Retention Credit Claims to Protect Small Businesses from Fraud
June 01, 2024
While the IRS has new ERC claims on pause and works to investigate possible fraud, business owners still have the opportunity to protect themselves from potential civil and criminal penalties.
Determining the Indubitable Equivalent of A Bankruptcy Claim
June 01, 2024
One aspect of the dispute in interpreting clauses in an agreement from a financial point of view, and one with significant consequences, centered around the term indubitable equivalent value for a Class 5 creditor in the context of a debtor's fifth amended Chapter 11 plan and objection to confirmation filed by creditor. The U.S. Bankruptcy Court, Middle District of Florida, Jacksonville Division opined on that issue.
What Effective Cooperation With the SEC Looks Like, According to SEC Enforcement Director 
June 01, 2024
Companies should be going above and beyond what's legally required to earn leniency from the SEC, its top enforcement official said at a gathering of white collar defense attorneys and in-house counsel
Latest California Privacy Rules Draw Criticism from All Sides
June 01, 2024
Business, labor and consumer interests expressed sharply differing views at a public forum last month over proposed California rules that would govern how companies use customers' personal information for anything from hiring decisions to advertising.
Navigating Election Year PR Opportunities for Law Firms
June 01, 2024
Law firms, regardless of location or specialization, have an opportunity to leverage the political landscape to amplify visibility and engage relevant practice areas during an election year. But there are risks as well.

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    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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