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Regulators Put Pressure On Fintech Platforms to Improve Customer Disclosures
August 01, 2023
Regulators cranking up scrutiny of digital-payment platforms after fund-access and customer service problems in recent years are now broadening their gaze into what happens if they collapse. That's placing additional pressure on these fintech platforms to improve customer disclosures and possibly even find new ways to backstop against potential insolvency.
The Four Archetypes of a Defaulting Tenant and How to Handle Them
August 01, 2023
Every distressed tenant will have a different situation and story to tell. Each will have a different approach to handling its lease obligations. Following is a primer to help the commercial landlord prepare for the default conversation with the tenant by looking at the different potential types of defaulting tenants it may face and advice on how to handle each type.
Blazing Saddles or Blazing Trails: e-Discovery vs. Forensic Data Collection — Unraveling the Critical Differences
July 01, 2023
Attorneys interested in legal technology, data security and e-discovery must grasp the critical differences between two essential methodologies: e-discovery and digital forensics. This article delves into the contrasting features of these methodologies to help attorneys who engage with legal technology better understand the significance of these differences.
The Expanding Influence of Legal Operations: New Report Focuses on AI, CLM, and Law Department Transformation
July 01, 2023
Operations leaders are driving efficiencies, helping manage the growth of data, and harnessing the power of digital transformation to fuel business success while minimizing risk. They are also taking on greater roles and helping general counsel shape strategies that include embracing CLM, AI, and other tools to enhance the way their teams work.
Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps
July 01, 2023
This article summarizes the DOJ's recent guidance and the SEC's enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators' expectations and recordkeeping rules.
How the Supreme Court Saved the Internet from Itself: 'Gonzalez v. Google' and 'Twitter v. Taamneh'
July 01, 2023
The Internet is still standing, but the Supreme Court's reasoning in theGonzalez opinion remains perplexing. Gonzalez and Taamneh are a story about how the Supreme Court "saved" the Internet from itself, and the Court needed both cases to do so.
Who Is Legally Liable for Internet AI Deepfake Content?
July 01, 2023
Most agree that internet deepfake (deep learning + fake) content is widespread and may be used to manipulate the public, attack personal rights, infringe intellectual property and cause personal data difficulties. However, little agreement exists as to who is legally liable for internet AI deepfake content.
A Lawyer's System for Active Reading
July 01, 2023
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Tips for Quickly and Effectively Responding to and Handling a Data Breach
July 01, 2023
Data breaches have become a common occurrence, and any organization, regardless of location, size and industry, can be attacked. This article summarizes key steps and recommendations for responding to and handling a data breach quickly and effectively.
Florida's New Data Privacy Bill Is an Outlier, Going Both Broad and Narrow
July 01, 2023
The Florida law, which will go into effect on July 1, 2024, positions itself as an outlier among other state data privacy regulations.

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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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