Features
When Discovery Clashes with Privacy Law
Businesses that want to use data analytics and comply with privacy rules have an additional burden when the data in question become or could become part of discoverable information in litigation. Then, businesses must make choices about how to handle PII data, which of it to produce and the justifications to support those decisions. Balancing these data-driven issues requires an understanding of the ever evolving landscape of each competing concern.
Features
The Landlord's Lien under the Uniform Commercial Code
While used less frequently than security deposits and personal guarantees, granting the landlord a security interest in its personal property can enhance a tenant's credit. This device may be more effective when conferred by certain types of tenants than by others, but nevertheless, it may provide the landlord with a potent default remedy, particularly in a fragile market.
Features
CFTC Rulemaking Under Dodd-Frank Paused
An immense wave of Dodd-Frank litigation will sweep the federal courts this year, following two years of desultory rule-making by the relevant federal agencies.
Features
FCPA Anti-Bribery Liability for a Subsidiary's Conduct
The new Guidance raises the question of how much, if any, knowledge and control of a subsidiary's bribery, as opposed to its actions generally, the government believes is necessary for a parent to be held liable under the FCPA's anti-bribery provisions ' and whether the answer is different for the DOJ than for the SEC.
Features
<b><i>BREAKING NEWS:</b></i> Supreme Court to Hear Historic Same-Sex Marriage Cases
Opening the door to a potentially historic step in the nation's gay rights movement, the U.S. Supreme Court on Nov. 7 agreed to decide two constitutional challenges involving same-sex marriage.
Features
Protecting Weak Online Trademarks
Creating a brand name that is trademark-worthy and can be defended in the market requires a thoughtful strategy. The standards of the USPTO for trademark registration are nuanced, and the wrong choice of words can make it challenging to obtain a defensible registered mark.
Features
An Analysis of Proposed Federal Cybersecurity Legislation
Michael Chertoff, the former head of the U.S. Department of Homeland Security (DHS), recently remarked that "cyber threats represent one of the most seriously disruptive challenges to national security since the onset of the nuclear age 60 years ago."
Features
The JOBS Act and the Return of the Microcaps
In Part One, the author explored the JOBS Act's two new ways to raise capital ' crowdfunding and the Small Issues Exemption. Here, he look at the JOBS Act provisions aimed at making it easier for small companies to go public.
Features
<b><i>ONLINE EXCLUSIVE:</i> Second Circuit Rules Part of DOMA Unconstitutional</b>
The Second Circuit has ruled that the definition of marriage in the Defense of Marriage Act violates equal protection and is thus unconstitutional.
Features
<b><i>ONLINE EXCLUSIVE:</i> Second Circuit Rules Part of DOMA Unconstitutional</b>
The Second Circuit has ruled that the definition of marriage in the Defense of Marriage Act violates equal protection and is thus unconstitutional.
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