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The back-and-forth is certainly confusing, but what is clear is that it can be unclear exactly where the line between real property and personal property should be drawn.
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Wall Street has greeted Gary Gensler's nomination as Chair of the SEC with some trepidation, perhaps with good reason. Congress, by contrast, may have presented him with a powerful signing bonus.
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New York Gov. Andrew Cuomo's executive budget proposal includes plans for a comprehensive data privacy law that rather than bring more clarity to an increasingly fragmented U.S. privacy landscape, could place even more strain on corporate legal departments attempting to get a handle on compliance.
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The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.
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By further expanding access to a streamlined Chapter 11 process, the SBRA will ensure that a wider array of debtors have the ability of reorganizing themselves, when Chapter 11 was previously too cost-prohibitive for such debtors.
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The holding in Blaszczak significantly widens the scope of criminal insider trading. It also creates the anomaly of extending the criminal law beyond the SEC's civil enforcement authority.
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The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of "or exceed[ing] authorized access" is not so clear.
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In recent months, the U.S. Department of Justice has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct.
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America and the EU continue altering data privacy frameworks for businesses.
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"Give a man a fish, and you feed him for a day. Teach a man to fish, and you feed him for a lifetime." Judge Victor Marrero, writing in a decision dismissing the President's civil suit under the Civil Rights Act, neither gives a fish, nor teaches how to fish — rather he explains what fishing is.