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Keep Terms of Service and Privacy Notices Separate
April 01, 2022
This article examines why terms of service and privacy notices should work in conjunction with one another, but also why it is not advisable to incorporate privacy notices into online terms of service.
Landlords Turn the Tech to Keep Up With Sustainability Requirements
April 01, 2022
Government policies are pushing landlords to meet new sustainability requirements, heaping pressure on investors to back up their efforts to go green. In response, more owners are relying on AI and other technologies to help them meet the challenge and avoid steep financial penalties.
Is the Use of Third-Party Releases In Bankruptcy Cases Stretched Too Thin?
April 01, 2022
Third-party releases are often incorporated into the bankruptcy plan as a means of protecting nondebtor parties from litigation that is directly or even tangentially related to the debtor's business. Over the last several years, the scope and use of such third-party releases appears to have been stretched arguably to the breaking point as demonstrated in a recent and important district court decision.
Ninth Circuit Issues Decision on Trade Secret Injunctive Relief
April 01, 2022
Earlier this year, the Ninth Circuit issued a decision affirming a district court's denial of an injunction following a finding of trade secret misappropriation. While the opinion is designated as unpublished — and therefore not precedential — the panel's reasoning sheds light on an important issue in trade secrets remedies.
Law Firms Are Using Clawback Provisions to Stop Lateral Departures
April 01, 2022
As law firms face mounting pressure from the talent wars, many are attaching strings to their partnership agreements in order to protect their partnerships and forestall lateral departures in a high-demand market.
Second Circuit 'Connolly' Ruling Shows Limits of Mail and Wire Fraud Statutes
April 01, 2022
The Connolly decision draws attention to the limits of the mail/wire fraud statutes — laws that are quite expansive but can also be stretched too far when applied to conduct in financial markets, especially markets tied to opaque rules and practices.
7 Concerns for Commercial Real Estate Investors In a Volatile Market
April 01, 2022
It appears that the CRE industry is entering a period of high volatility with the Fed promising to raise interest rates, soaring inflation, the war in…
Players on the Move
April 01, 2022
A look at moves among attorneys, law firms, companies and other players in entertainment law.
SEC Proposed Rules Include Disclosure of Cybersecurity Risk Assessment Strategy
April 01, 2022
Cybersecurity compliance, already an anxiety-inducing topic for many in-house counsel, is about to get even trickier. The SEC rolled out a host of proposed new cybersecurity rules for public companies.
Wrestling With the Meaning of 'Ordinary' Under the Bankruptcy Code
April 01, 2022
The Bankruptcy Code protects regular, ordinary commercial transactions between distressed companies and vendors willing to continue the relationship. But what is ordinary?

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