Features
The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions
This article focuses on the potential for extraterritorial application of the expanded Sarbanes-Oxley provisions and the new SEC whistleblower cause of action.
Features
Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA
Retail tenants in California ' and perhaps those in other states as well ' that collect ZIP Codes may very well find themselves the subject of putative class actions, the penalties for which could be substantial.
Features
Foreclosure Crisis Presents Challenges for Lenders When Homeowners and Condo Associations Are Involved
With foreclosure filings at unprecedented levels, associations are facing high assessment delinquency rates since generally when a homeowner stops paying his or her mortgage, he or she also ceases paying any assessments. A look at recent litigation.
Features
Court Restricts Bankruptcy Court Jurisdiction in Stern v. Marshall
The Supreme Court's 5-to-4 decision in <i>Stern v. Marshall</i> definitively upsets a quarter-century's jurisdiction by bankruptcy courts over a large set of actions.
Features
Understanding and Mitigating the Legal Risks of Cloud Computing
There can be significant economic efficiencies realized by moving to the cloud. However there are also potential risks involved if an entity does not adequately consider the information governance implications, especially those involving electronic discovery.
Features
Parsing the Copyright Preemption Issue in Claims for Breach of Implied-in-Fact Contracts
The U.S. Court of Appeals for the Ninth Circuit recently reconfirmed the long-established principle that, under California law, an implied-in-fact contract claim over an alleged promise to pay for use of an idea or concept isn't preempted by federal copyright law.
Features
Integration In the Cloud
One of the greatest challenges any organization can face is the integration of evolving technology into its culture, practice and processes. At Bradford & Barthel ("B&B"), our main challenges in this regard have focused on the adaptation of Google Apps within our environment and business model.
Features
Drug & Device News
News of importance to you and your practice.
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MOST POPULAR STORIES
- 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 ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.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 ›
- Legal Possession: What Does It Mean?Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.Read More ›
- The Unlicensed Real Estate Broker in New York: BewareThe U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.Read More ›