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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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- The Article 8 Opt InThe 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.Read More ›