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Features

Structuring Strategies for Off-Balance-Sheet Treatment of Real Property Leases Image

Structuring Strategies for Off-Balance-Sheet Treatment of Real Property Leases

Jun Kwon

The Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.

Features

How the U.S.-China Trade War Effects IP Strategy Image

How the U.S.-China Trade War Effects IP Strategy

Rob Maier

The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.

Features

D&O Policy 'Bankruptcy Exclusion' Held To Be an Unenforceable 'Ipso Facto' Clause Image

D&O Policy 'Bankruptcy Exclusion' Held To Be an Unenforceable 'Ipso Facto' Clause

Mark D. Silverschotz

The new decision is significant because lawsuits against former (and current) officers and directors of debtors commonly are brought, as here, by trusts established under plans of reorganization. Because insurance policies often are the only viable source of recovery for the claims asserted in such lawsuits, this decision potentially opens a pathway to creditor recovery in other similar matters.

Columns & Departments

Real Property Law Image

Real Property Law

Stewart Sterk

Former Owners Not Entitled to Surplus from Tax Foreclosure Sale Joint Tenants Need Not Own Equal Interests Fraud Action Not Premature Merely Because Truth of Representations Are the Subject of Pending Proceedings Transferee from Incapacitated Person's Attorney-In-Fact Not A Bona Fide Purchaser

Features

SEC's Reboot on Waiver Requests in Enforcement Settlements Image

SEC's Reboot on Waiver Requests in Enforcement Settlements

Robert J. Anello & Richard F. Albert

SEC Chairman Jay Clayton recently announced a change in how the SEC will consider requests for waivers of certain serious collateral consequences that would otherwise result from settlement of an SEC enforcement action. These collateral consequences, often referred to as "bad actor" or "bad boy" provisions, can vary greatly and may disqualify an entity from conducting certain business or utilizing certain means to offer securities.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Sixth Circuit Agrees Non-Party Interview Quotes Are Inadmissible Hearsay for Purpose of Establishing Direct Evidence of Copying in Infringement Case over Classic Rock Song "Gimme Some Lovin'" Transformative Use Defense Defeats Hard Rock Hamilton Persona Suit over Gears of War Character

Features

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask Image

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask

Alan L. Friel

Part One of a Two-Part Article The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA's passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.

Features

159 MP Corp.: Grateful That Majority Rejected Dissent's Radical Approach Image

159 MP Corp.: Grateful That Majority Rejected Dissent's Radical Approach

Howard A. Levine

Further comment and analysis is warranted on the three-judge dissent, which, if adopted by the majority, would have fundamentally altered the very foundation of New York contract law.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Juliet Gunev

Canadian Clean Fuel Technology Company and Former CEO Pay $4.1 Million to Settle China Related FCPA Case

Features

Faster, Shorter, Smarter, Better: Strategies for a New Era of Bankruptcy Image

Faster, Shorter, Smarter, Better: Strategies for a New Era of Bankruptcy

Chris Updike & Joseph Zujkowski

Faster, Shorter, Smarter, Better Among other trends, practitioners are increasingly using pre-packaged and pre-negotiated cases, drafting clearer and more concise pleadings, employing smarter deposit management practices, and harnessing improved technology — strategies for a new era of bankruptcy.

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