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The 'New NAFTA' and How It Will Affect Intellectual Property Law Image

The 'New NAFTA' and How It Will Affect Intellectual Property Law

Lawrence E. Ashery 

The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.

Features

The Blockchain Will Support GDPR, but Not How Most People Think Image

The Blockchain Will Support GDPR, but Not How Most People Think

Michael Smolenski

It's clear that the onset of GDPR regulations and a quickly changing consumer sentiment about the sensitivity and value of their personal data will reorient a company's interactions with their customers and their information. There will be some pain points in this transition, as Facebook investors recently demonstrated, but it doesn't have to be a unilateral downturn for the tech industry.

Features

Transient Rental Ban Does Not Violate Fair Housing Act Image

Transient Rental Ban Does Not Violate Fair Housing Act

Timothy Hill

In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.

Features

Defusing the UST Tax Bomb Image

Defusing the UST Tax Bomb

Jacob H. Marshall

<b><i>How Lenders and Debtors can Minimize UST Fees and Maximize Creditor Recoveries</b></i><p>As predicted in the first part of this article (May, 2018), the new United States Trustee (UST) fee has had a disproportionate effect on middle-market, high-velocity cash flow companies. The best solution is for Congress to revisit the fee structure and refine it to reflect the realities of particular cases and the actual burden on the UST.

Features

Stretching the Limitations Period in White-Collar Criminal Matters Image

Stretching the Limitations Period in White-Collar Criminal Matters

Robert J. Anello & Justin Roller

<b><i>Part Two of a Two-Part Article</b></i><p>Though they might seem straightforward on their faces, limitations periods are often elongated by legislation or court interpretation. The authors began looking at some of these exceptions to the stated limitations periods last month in Part One of this article. They continue here with further examples.

Features

PTO Gives Iancu More Control over PTAB Precedents Image

PTO Gives Iancu More Control over PTAB Precedents

Scott Graham

The USPTO announced revisions to PTAB procedures that formalize Andrei Iancu's control over the 250 administrative patent judges and their policy-making, while making that control more transparent.

Features

Get Ready for California's Version of the EU General Data Protection Regulation Image

Get Ready for California's Version of the EU General Data Protection Regulation

Jacqueline Klosek

The entertainment industry is intensely focused on data collection and analytics as it seeks to maximize the exploitation of digital content. Just as those of us in the privacy field had begun to have a slight breather as much of the heavy lifting on the GDPR was finally behind us, lawmakers in California have passed the California Consumer Privacy Act of 2018 (CCPA).

Features

Coordination or Duplication? DOJ Adopts New Policy to Prevent 'Piling On' of Corporate Penalties Image

Coordination or Duplication? DOJ Adopts New Policy to Prevent 'Piling On' of Corporate Penalties

Jonathan B. New & Victoria L. Stork

In May 2018, the Department of Justice (DOJ) announced a new policy to address a growing problem in white-collar criminal and civil enforcement. With increased…

Features

State Attorney-Client Privilege Rule Incorporated into Federal Law Image

State Attorney-Client Privilege Rule Incorporated into Federal Law

Robert J. Stearn, Jr., Cory D. Kandestin & Christopher M. De Lillo

<b><i>Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating in Delaware</b></i><p>Because state law applies at the time a transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a suit is filed in federal court and brings claims under federal law? Does state privilege law still apply?

Features

New Development Projects: The Reports of Demise Were Greatly Exaggerated Image

New Development Projects: The Reports of Demise Were Greatly Exaggerated

Michael R. Leighton

Numerous shopping center developers use a “layer-cake” of financing, including state and federal tax incentives to reduce the costs of debt and equity financing. The industry correctly saw that the market value of the credits would drop once the Jobs Act become effective. Such tax cut could undoubtedly impact the ability of developers to raise equity, certainly for new projects not yet placed in service.

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