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Features

Potential Criminal and Civil Penalties of Digital Asset Exchanges Image

Potential Criminal and Civil Penalties of Digital Asset Exchanges

Nola B. Heller & Samson Enzer

This article discusses the potential criminal and civil penalties that companies can face if their employees engage in insider trading in digital assets, and suggests several measures that exchanges can take to reduce their exposure from such risks.

Features

Ninth Circuit Finally Resolves Pre-1972 Sound Recordings Royalties Issue Image

Ninth Circuit Finally Resolves Pre-1972 Sound Recordings Royalties Issue

Robert W. Clarida & Robert J. Bernstein

The Ninth Circuit ruling in Flo & Eddie may turn out to be last stop on the long and winding road the owners of pre-1972 recordings have traveled in their efforts to obtain compensation for public performances through platforms like Sirius.

Features

NFTs and Virtual Patent Marking Image

NFTs and Virtual Patent Marking

Willem Klein

Patent marking is an important step in the patent lifecycle as it is generally required to seek damages from infringers prior to the date the suit is filed. While virtual marking has somewhat reduced the overhead of marking, it suffers from the same problems all Internet-based evidence runs into in court: websites are ephemeral and have intermittent accessibility, as well as poor public logging of when information existed where, and for how long. NFTs on a digital blockchain could potentially overcome these hurdles, while still providing the benefits of virtual marking via websites.

Features

Feds Jumping Into Corporate Privacy and Cybersecurity Enforcement Image

Feds Jumping Into Corporate Privacy and Cybersecurity Enforcement

David Saunders & Julian L. André

The past 12 months have seen a steady drumbeat of action by federal law enforcement and regulatory agencies of which in-house counsel should take note. Whether new guidance, regulation, investigations, or enforcement activity, the message is clear: The federal government is paying close attention to how companies are handling and protecting their data — especially consumer and sensitive data.

Features

Protecting a Website's Legal Identity Image

Protecting a Website's Legal Identity

Jonathan Bick

Protecting an internet site's legal identity begins with the settled proposition that domain names are a form of personal property. The classification of a domain name as property allows the owner to register the domain name with the United States Trademark Office. Additionally, a domain name owner may state a claim for conversion against an entity that unlawfully interferes with the domain name property.

Features

Making the Office a Destination: The Rise of Hospitality In Law Firms Image

Making the Office a Destination: The Rise of Hospitality In Law Firms

Anthony Davies

The law firm office cannot remain unchanged, therefore, as if frozen in time set to some date prior to the onset of pandemic, when all the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.

Features

Purdue Pharma Bankruptcy Settlement Vacation Could Bring More Scrutiny to Non-Debtor Releases Image

Purdue Pharma Bankruptcy Settlement Vacation Could Bring More Scrutiny to Non-Debtor Releases

Avalon Zoppo

A ruling tossing OxyContin maker Purdue Pharma's bankruptcy settlement could tee up a new issue for the U.S. Supreme Court and spur other judges to more closely scrutinize non-debtor releases, a controversial mechanism that shields third parties in Chapter 11 proceedings from liability.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

N.Y. Appellate Division Affirms Denial of Motion To Dismiss Personal Manager's Lawsuit Against Management Attorney Playboy Gets Preliminary Injunction Against Counterfeit NFTs Seller

Columns & Departments

Development Image

Development

NYRE Staff

Town Law Does Not Require Public Hearing On Site Plan Approval

Features

In Push for Diversity, Law Firms Risk Tokenism Image

In Push for Diversity, Law Firms Risk Tokenism

Patrick Smith

Law firms have dedicated a great deal of focus to increasing diversity, but many are falling short on enacting meaningful changes to improve equity and inclusion. That undermines retention efforts, and causes law firms to continue falling short of moving the needle.

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