Regulators Reaching Deep In Their Toolbox to Prosecute Users of Encrypted Messages
February 01, 2023
If you use Whatsapp or similar platforms for work-related communications, then you've probably heard that regulators are putting an end to that practice. Ephemeral and encrypted messaging, they have noted, evades monitoring and prevents retention. A seldom used doctrine allows prosecutors to charge executives with misdemeanor offenses just for being in the position of power when others commit the misconduct. Rather than take a wait-and-see approach, companies and their leaders would do well to prepare for prosecutors to reach deep into their toolbox.
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.
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.
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