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Are Voting Rights Provisions In Subordination Agreements Enforceable?
October 01, 2022
Subordination agreements often contain an agreement by the subordinated creditor that, if the issuer is a debtor in a bankruptcy case, the senior creditor can vote the claim of the junior creditor on any proposed Chapter 11 plan. If given effect, such a voting provision can give a senior creditor significant power, relative to both the subordinated creditor and other creditors, to support or oppose confirmation of a plan.
The Federal Reserve Publishes Policy on CRE Loan Accommodations and Workouts
October 01, 2022
Many in commercial real estate, especially relatively new to the industry and without extensive previous experience, are making use of leverage in ways that are problematic under the higher interest rates the Fed has instigated to head off inflation.
Upcoming Webinar
October 01, 2022
Join Board of Editors member Jacqueline Wolff and David Smith of Manatt, Phelps & Phillips on Oct. 13 as they delve into the new SEC disclosure rules on climate change risks.
Avoid Making Tech Decisions In Crisis Mode
September 01, 2022
Some law firms are realizing that the hasty, though necessary, decisions made to facilitate remote work should be revisited or undone. Many of the tools implemented in an emergency are insufficient to withstand the increasing cybersecurity threats law firms are facing today. The good news, though, is that it's not too late to implement the right tech to protect your firm.
Why Collaborate: The Future of Legal Services Is Human
September 01, 2022
It is no surprise that in this environment many lawyers are prioritizing qualitative factors, such as work-life balance and feeling appreciated and recognized at work, rather than compensation alone when choosing where to work. Why is it no surprise? Because many of their employers began valuing quality over quantity with their ALSPs years ago. And this shift might do even more for your organization.
A Compliance Briefing for Privacy Officers on the New Canadian Consumer Privacy Protection Act
September 01, 2022
Part Two In a Series Part One of this series introduced the history of Canada's recently introduced Consumer Privacy Protection Act and reviewed the similarities with GDPR, such as data portability, the right not be forgotten, codes of practice, and a safe harbor provision. Part Two analyzes the new compliance requirement of valid consent.
New Technologies Make for a Shifting Definition of 'Technical Competence'
September 01, 2022
While new and/or improving technologies may be challenging, they likely also present new opportunities which can facilitate delivering the best services at the best cost. Some solutions can be handled directly by law firms — but others will require the courts to approve, and, perhaps, even change of procedures to get with the times.
Federal Judge Takes Aim at Legal Process for Targeting Counterfeit Merchandisers
September 01, 2022
The rebound in concert tours and ticket revenues as 2022 has unfolded gives the live events industry hope for a strong 2023, too. For many tours, though, it's income from merchandise that makes the tour profitable. Thus, the rise in the number of artists touring also means a parallel resurgence in the activities of counterfeit-merchandise sellers and renewed efforts by the industry to battle its long-time problem with the sale of counterfeit merchandise near event venues.
Franchisors and Franchisees Make for Easy Cyber Targets
September 01, 2022
We are increasingly hearing about security breaches, data leaks and other kind of data theft in the franchise world. This is because frequently the franchise systems operate as a connected mass of franchisees all of whom collect, store and transmit a diverse array of consumer and personal data to the franchisor. In other words, franchisors and franchisee make a nice easy target for cyber theft.
The Story Behind AFM & SAG-AFTRA Royalty Fund Distribution Litigation
September 01, 2022
The case of a session musician's unpaid royalties revealed a gross lack of initiative on the part of the trustees and directors of AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund and that the fund administrators had made little if any effort for years to distribute funds to thousands of session musicians and backup singers.

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