Commercial Law

Features

Loretta Lynch, formerly United States Attorney for the Eastern District of New York, likely will be the newly confirmed Attorney General of the United States by the time you read this. As spectacle, a changing of the guard is always worthy of note. But for others who are embroiled in or worried about investigations, the change may matter a great deal.

Features

In the entertainment industry, we frequently see private placement memoranda seeking to raise capital for films and that refer to success stories and independent films that became box office hits. But the U.S. Supreme Court's decision in <i>Omnicare v. Laborers District Counsel Construction Industry Pension Fund</i> should make all producers think twice about whether, or how, to include these success stories.

Features

In recent years, there has been growing awareness about the serious and sometimes tragic effects of bullying. It is a serious concern on social media, in schools, and at work. While no state, or the federal government, has adopted laws explicitly outlawing bullying in the private sector, employers are well advised to proactively take steps to prevent workplace bullying.

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The duty one Internet user has to another has changed, particularly with respect to cybersecurity and privacy. Negligence by Internet users has enabled hackers and creators of viruses to exploit computer systems and engage in crime and unwanted computer intrusions.

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As more and more commercial clients move their legal teams in-house, competition among law firms continues to grow. With the legal industry still feeling negative impacts from the financial crisis, a considerable number of law firms have been pooling expertise and gaining market share through mergers and acquisitions.

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Sometimes, the simplest of errors can be the most costly. Such was the case with a large syndicated secured loan made to General Motors Co. Due to a simple filing error, what the lender and borrower had always intended to be a secured loan will now be treated as a general unsecured claim.

Features

Whether or not your clients have suffered a data breach, cybersecurity is undoubtedly a critical concern. Many of your clients are actively searching for and plugging any gaps in their security. And if your clients haven't done so already, they're also going to focus their attention on what could potentially be an Achilles Heel for them ' their law firms.

Features

In a time of increasing regulatory risk, global complexity and shareholder activism, the role of the corporate general counsel in the boardroom has never been more important. Yet, companies have been slow to recruit general counsels or seasoned attorneys to serve as independent directors.