Features
Drawing the Line Between Real Property and Personal Property In the UCC
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.
Features
Congress Expands SEC Powers Just In Time for New Administration
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.
Features
NY Proposed Privacy Bill of Rights Could Add to Compliance Confusion
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.
Features
From the PTO to the FDA: What to Consider When Branding Clinical Trials
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.
Features
The Small Business Reorganization Act: How It Started. How it's Going. Where to Next?
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.
Features
Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading
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.
Features
SCOTUS Set to Address Circuit Split in Interpreting CFAA
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.
Features
Corporate Compliance Programs and the DOJ's Emphasis on Data Analytics: What Companies Need to Consider
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.
Features
Fall 2020 Data Privacy Updates
America and the EU continue altering data privacy frameworks for businesses.
Features
No 'Fishing' In Trump Tax Return Case
"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.
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