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Features

Cybersecurity False Claims Act Cases: The Next Frontier Image

Cybersecurity False Claims Act Cases: The Next Frontier

Andrew Mohr & C. Kelly Kroll

A new wave of False Claims Act cases is crashing ashore. Based on the federal government's inclusion of toughened cybersecurity requirements for government contractors, numerous FCA cases will undoubtedly be filed and litigated in coming years against prime contractors and their major subcontractors for allegedly failing to comply with their contractual cybersecurity obligations.

Features

Crowdfunding, Reg D and Reg A Image

Crowdfunding, Reg D and Reg A

Jacqueline C. Wolff & Brian S. Korn

The New Routes for Access to Capital and the Potential Legal and Regulatory Risks Although the business community lauded the arrival of new crowdfunding laws, the enforcement community has had a different take on them. As stated in 2017 by then Deputy Attorney General Rod Rosenstein: "The potential downside of crowdfunding is that it occurs outside the watchful eye of a regulated banking and financial industry. Unregulated websites therefore provide a platform for criminals to defraud potential investors."

Features

A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough Image

A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough

James O'Brien

Part Two of a Two-Part Article Part One of this article outlined the basic elements of a subordination, non-disturbance and attornment agreement (SNDA), which regulates two competing interests in the same property — tenant's right to possess its premises pursuant to its lease and mortgage lender's security interest in that same premises. Part Two explains the differences between the concepts of "non-disturbance" and "recognition," while contending that lease recognition is more important to the tenant than not having its possession disturbed.

Columns & Departments

In the Courts Image

In the Courts

Juliet Gunev

New Developments In Och-Ziff FCPA Settlement As Brooklyn Judge Grants Victim Status to Former Investors In Restitution Claim over Lost African Mining Venture

Features

Legal Possession: What Does It Mean? Image

Legal Possession: What Does It Mean?

Thomas. C. Lambert & Steven Shackman

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Juliet Gunev

Former Cognizant Technology COO Settles FCPA Case In Relation to India Office Construction Project

Features

Seeing Green: Protecting Brands In the Cannabis Industry Image

Seeing Green: Protecting Brands In the Cannabis Industry

David S. Gold

Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.

Features

Did Congress Create Unintended Risks to Innovators In the AIA?  Image

Did Congress Create Unintended Risks to Innovators In the AIA? 

Glenn E.J. Murphy

Many observers greeted the passage of the AIA into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained? The U.S. Supreme Court answered earlier this year.

Features

Cybersecurity In the Legal Space: Is Your Organization Prepared? Image

Cybersecurity In the Legal Space: Is Your Organization Prepared?

Sundhar Rajan

Organizations that continue to be complacent about data security ignore the considerable risks posed by a breach: extended downtime, loss of billable hours, destruction or loss of sensitive data and work product, and the potentially catastrophic costs associated with repairing the damage — both to their technology infrastructure and to their reputation and brand.

Features

GDPR & CCPA Are Just the Beginning Image

GDPR & CCPA Are Just the Beginning

Karen A. Schuler

How Middle Market Companies Can Shore Up Their Data Privacy The most significant overhaul to the EU's data privacy policies in over 20 years, with extraterritorial reach, forced American businesses to remediate, and in some cases, overhaul their data privacy governance programs. But the GPDR was just the beginning. Organizations seeking compliance with the growing number of data privacy regulations will need to remain vigilant, especially for organizations that rely heavily on personal data.

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