Features
Stefan Atkinson
&
Yi Yuan
Historically, federal courts generally agreed that scheme liability under SEC Rule 10b-5(a) and (c) requires something more than a misstatement or omission — with misstatements and omissions typically being litigated under Rule 10b-5(b) instead. However, the SCOTUS in Lorenzo v. SEC held that an individual who disseminates a misstatement, without other fraudulent conduct, is potentially liable under the scheme liability provisions of Rule 10b-5. Subsequently, a circuit split has emerged over the scope of Lorenzo's holding.
Features
Andrew Maloney
Rate increases across the legal industry haven't been as big as the conventional wisdom implies, and clients have more room to negotiate than they probably realize.
Features
Ari Kaplan
Ari Kaplan speaks to leaders in legal ops on key themes emerged that are likely to drive new initiatives in 2023.
Features
Andrew C. Kassner
&
Joseph N. Argentina Jr.
As we debate whether there will be a "soft" or "hard" landing of the economy and the resulting effect of different landings on the volume of bankruptcy filings, it is helpful to review how a bankruptcy filing affects not only rights between a creditor and the debtor, but also the respective rights of creditors against property held by the debtor.
Features
Kevin Gallagher
A revolution is underway in small and medium-sized businesses (SMB) banking and payments and will impact the way legal, accounting and other professional services firms manage their finances.
Columns & Departments
ELF Staff
"Ripple Effect: The Taylor Swift Tour Ticket Debacle," at SXSW Conference. Austin, TX, March 15.
Columns & Departments
NYRE Staff
Amendment of Bylaws Relieves Condominiums of Obligation to Use Association for Repair Services
Features
Jack Rogers
Before CRE owners and operators create that experiential virtual shopping mall or virtual office on a metaverse platform for their tenants, they need to make sure the tenants won't decide that the virtual experience is so good that they no longer have any use for the built portfolio.
Columns & Departments
Matthew Weiss
Federal Circuit: Prosecution Laches Applies to Patent Claiming 1987 Priority Date
Federal Circuit: Appellate Court Lacks Jurisdiction Over Interlocutory Appeal of Protective Order Dispute
Features
Shoshana Schiller, Alice Douglas
&
Brenda Gotanda
Increased attention paid to companies' public promotion of their environmental and sustainability programs is likely to continue in 2023, with further developments in regulation and litigation pertaining to "greenwashing" — a marketing practice which involves unsubstantiated or exaggerated claims about the environmentally friendly or socially-responsible attributes of an organization's products or services.
