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Why Subchapter V Is More Appealing Than Chapter 11 for Small Businesses Image

Why Subchapter V Is More Appealing Than Chapter 11 for Small Businesses

By Stuart B. Newman & Steven H. Newman

The Small Business Reorganization Act created a new pathway for small businesses to remain in control of running their businesses, which is the usual reason for choosing to seek relief under Chapter 11, while eliminating many of the reasons that typical Chapter 11 proceedings exhausted the patience, and wallets, of both debtors and creditors.

Features

Individual Liability and Criminalizing Cybersecurity Response Image

Individual Liability and Criminalizing Cybersecurity Response

Jonathan S. Sack & Christopher M. Hurley

To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.

Features

SAG-AFTRA's Influencer Agreement and Waiver Image

SAG-AFTRA's Influencer Agreement and Waiver

Francelina M. Perdomo

For years, the legal framework governing the collaboration between influencers, advertisers and brands has been comparable to the Wild West, presenting multiple legal challenges to navigate. Influencer marketing exponentially grew when the COVID-19 pandemic drew performers to social media as the principal outlet to connect with their audience. As a result, SAG-AFTRA decided to venture into the fast-growing influencer market.

Features

California Consumer Privacy Law Cases Climbing, and Not Just In California Image

California Consumer Privacy Law Cases Climbing, and Not Just In California

Jessica Mach

Plaintiffs filed 145 lawsuits last year to enforce provisions under the CCPA, a 60% increase from 2020. Lawsuits alleging violations of the California law were also filed across the country, pending at one point in 33 courts across 20 states.

Features

Repairing the Foreign Agents Registration Act Image

Repairing the Foreign Agents Registration Act

Harry Sandick & George Carotenuto

In recent years, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.

Features

The Biden Administration's 2023 Budget: Déjà Vu All Over Again Image

The Biden Administration's 2023 Budget: Déjà Vu All Over Again

Lawrence L. Bell

The Treasury's Greenbook commenting and explaining budget recommendations for FY 2023 raises warnings of tax increases. But what are the odds Congress passes anything before the midterm elections this November? This article presents a summary of the proposed tax increases and the likelihood of these provisions being enacted into law.

Features

Strategies for Advising Foreign Clients As DOJ Pursues Extraterritorial Criminal Cases Image

Strategies for Advising Foreign Clients As DOJ Pursues Extraterritorial Criminal Cases

Emil Bove

This article addresses some issues to consider, including foreign arrest procedures, contesting extradition, and engaging with prosecutors before a defendant arrives in the United States.

Features

Fifth Circuit Ruling Gives Commercial Lessees Likely Protection In Bankruptcy Court Free and Clear Asset Sales Image

Fifth Circuit Ruling Gives Commercial Lessees Likely Protection In Bankruptcy Court Free and Clear Asset Sales

Michael L. Cook

The Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor's lessees.

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Fifth Circuit Resolves 'Clash' Between FERC and Bankruptcy Courts Image

Fifth Circuit Resolves 'Clash' Between FERC and Bankruptcy Courts

Douglas S. Mintz & Michael L. Cook

A Chapter 11 debtor's "rejection [(under Code §365(a)] of a filed-rate [natural gas] contract … relieve[d] it of the obligation to continue performance absent the approval of FERC [(the Federal Energy Regulatory Commission]," held the U.S. Court of Appeals for the Fifth Circuit.

Features

The FTC Gets Into the College Athlete NIL Game Image

The FTC Gets Into the College Athlete NIL Game

Nicole Demas, L. Andrew Tseng & Sean P. McConnell

As national champions are crowned in men's and women's basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn't come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.

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