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Features

Challenges in Solar Equipment Finance Image

Challenges in Solar Equipment Finance

Jennifer L. Howard & Kenneth P. Weinberg

Growth in solar-generation capacity has not been evenly distributed across the country, however, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.<p><b><i>Part One of a Two-Part Article</i></b>

Features

When a Lessee Files for Bankruptcy Image

When a Lessee Files for Bankruptcy

Deirdre M. Richards

A Chapter 11 debtor's motion for an order approving use of Cash Collateral or for Debtor-in-Possession (DIP) Financing usually happens as part of the so-called first-day hearings held within a few days after commencement of the case. The problem for creditors and equipment lessors is that while the debtor may have sent your client a notice of the bankruptcy case, the notice sometimes goes to the payment lock box or to someone who doesn't even know what bankruptcy is, much less that the order being sought is key to your client's future payment.

Features

Overtime Pay Morass: FLSA Overhaul to Take Effect on Dec. 1 Image

Overtime Pay Morass: FLSA Overhaul to Take Effect on Dec. 1

Chaim Levin

The new DOL regulations that will take effect on Dec. 1, 2016 do not precisely resolve the present overtime eligibility debate; the absence of clarity remains a material issue especially with respect to highly compensated individuals or large groups of employees who are not easily classified.

Features

The New FRCP Is Here to Stay Image

The New FRCP Is Here to Stay

Bob Rohlf

As expected, there have been several rulings in 2016 interpreting the FRCP e-discovery amendments which took effect in December of last year. This article looks at three cases from the first half of 2016 that highlight the ways in which the new amendments converge with the rising need to preserve new data types, as well as how new e-discovery technology can leverage the new rules to a legal team's advantage.

Features

The New Anti-Bribery Compliance Standard Image

The New Anti-Bribery Compliance Standard

Doreen Edelman

The International Organization for Standardization (ISO) introduced a new standard for anti-bribery compliance, known as “ISO 37001,” in September. This represents a significant step toward the continued development and standardization of international anti-bribery compliance. By the end of the year, companies can obtain an independent certification from a third-party auditor, attesting to the fact that their internal compliance programs conform to ISO 37001 requirements. So is it worth your time? It depends.

Features

When Is Employee Hacking a Crime? Image

When Is Employee Hacking a Crime?

Richard Raysman & Peter Brown

Employees have found success in defeating CFAA accusations, often by arguing that they did not access a database or other proprietary information without authorization because their login credentials had yet to be revoked. As surveyed below, results have been mixed for employees accused of hacking into the databases of their own companies, competitors and potential business partners. This article discusses three recent cases in this area of law.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

ssalkin & Law Journal Newsletters

SEC Settles First Stand-Alone Whistleblower Retaliation CaseOn Sept. 29, 2016, the Securities and Exchange Commission (SEC) announced that International…

Features

<i>CYBER-ETHICS:</i> Technological Competence Obligations and the Interplay of the ABA Model Rules and Attorney Cybersecurity Image

<i>CYBER-ETHICS:</i> Technological Competence Obligations and the Interplay of the ABA Model Rules and Attorney Cybersecurity

Elizabeth (Lisa) Vandesteeg

The ABA has long published its Model Rules of Professional Conduct and modifies them from time-to-time to stay current with legal and technological developments and advances. While these Model Rules are not officially binding on attorneys, they have been adopted in large part by nearly every stateand provide a guideline for attorneys across the country regarding standards of professional responsibility and ethical conduct.

Features

Privacy and Security of Personal Information Collected by Benefit Plans Image

Privacy and Security of Personal Information Collected by Benefit Plans

Marc Bussone

High profile cyberattacks and data breaches have become routine occurrences. Cyber threats are so pervasive that many privacy and security experts advise that responsible parties ' like fiduciaries of employee benefit plans ' should prepare for <i>when</i> a data breach occurs, not </i>if</i>. Plan sponsors and fiduciaries should be aware of, and address, security and privacy issues in connection with personal information.

Features

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2016, including amendments to Delaware's corporation and LLC laws. It also looks at some recent cases of interest, including two decisions from the Delaware Chancery Court.

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