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Eleventh Circuit Stops Plan Confirmation Stampede

February 01, 2023

In a recent ruling, the Eleventh Circuit upended a hastily confirmed reorganization plan. Its holding should stop the stampede known as the "confirmation express."

Treating Student Loan Debt Relief By Standardizing 'Undue Hardship' In Bankruptcy Code

February 01, 2023

On Aug. 24, 2022, President Joe Biden announced the plan to forgive up to $10,000 in federal student debt for qualifying borrowers. This relief, however, was challenged in the courts and is now pending before the U.S. Supreme Court.

Fresh Filings

February 01, 2023

Notable court filings in entertainment law.

Commercial Real Estate's New Darling: Retail

February 01, 2023

Retail appears to be replacing multifamily when it comes to commercial real estate darlings. Shopping center vacancy in Q4 2022 reached its lowest level dating back to 2007 — and asking rents for shopping centers rose broadly.

Circuit Split Over Joint and Several Liability for Forfeiture In White-Collar Crimes

February 01, 2023

Ever since the Honeycutt ruling by the U.S. Supreme Court in 2017 that co-conspirators convicted of federal narcotics violations could not be held jointly and severally liable, courts have grappled with whether it also applied outside the narcotics context, to forfeiture judgments imposed in white-collar cases.

Players On the Move

February 01, 2023

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Techniques That Up Your Team Management Skills In 2023

February 01, 2023

Being a good team leader is not easy. It is your responsibility to manage everything about the people and the positions you oversee. Good team leaders create an environment in which attorneys and staff work hard, are loyal, and add to profitability. Setting expectations and goals is an essential step in becoming an effective team leader.

Maryland Appellate Court: COVID-19 Restrictions Not Excuse for Tenants' Failure to Pay Rent

February 01, 2023

Looking primarily to states like Connecticut for guidance, the Appellate Court of Maryland concluded that economic challenges stemming from COVID-19 executive orders themselves are not sufficient to establish the affirmative defenses of frustration of purpose and legal impossibility for failure to pay rent.

Seven Commercial Real Estate Investment Strategies for 2023

February 01, 2023

With the year starting out amid uncertainty and no small amount of pessimism, there are certain strategies that promise to play well amid the environment. Read on to find out what will work in 2023.

SEC Tightens Rules on Scheduling Trades In Advance

February 01, 2023

General counsel may find themselves pulled into difficult conversations with top executives as the Securities and Exchange Commission tightens its rules on company insiders looking to dump their stock.

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How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
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Intellectual Property
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
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The Binding Effect of Plea Agreements In White Collar Crimes
Federal plea agreements sometimes state explicitly that they are limited to that one office and do not bind other U.S. attorney's offices. In this article, we discuss the circuit courts' competing approaches to interpreting the binding effect of plea agreements and the Department of Justice policy.
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Compliance and Third-Party Risk Management
To gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.
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Issues in Reverse Morals Clauses In Talent Influencer Contracts With Product Brands
The next company general counsel to slide a morality clause across the desk for a celebrity or web influencer to sign shouldn't be surprised if that talent also whips out a morals clause, one to cancel the contract if the company's brand acts immorally.
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