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Subordination Agreements: Enforcement and Reorganization Participation
July 01, 2021
What provisions in a subordination agreement can be enforced, and can the subordinated creditor participate in the reorganization process if there is no prospect it will receive any distribution as a result of being subordinated?
BUSINESS DEVELOPMENT: Five Simple Ways Business Development & Marketing Teams Can Make a Meaningful Difference 
July 01, 2021
The benefits that business development and marketing teams can bring to the firm and to its attorneys, individually, are multi-faceted, invaluable and sometimes wonderfully unexpected.
Process Automation: Increase Competitiveness By Going Paperless
July 01, 2021
This last year has brought an ever-increasing pressure to be competitive and retain the margin that pays salaries and powers growth. One outlet to maintain and increase competitiveness is the reduction of paper processes and increasing the use of technology.
NY Privacy Act Stalls, Would Escalate Protections Above Other State & International Regulations
July 01, 2021
The failure of NYPA to pass is not exceptionally noteworthy. What is noteworthy, however, is that it marks an escalation of data privacy protections and restrictions not seen in other major regulatory regimes, whether in the United States or abroad. And since most believe its failure to pass was due more to the end-of-session rush than its contents, don't be surprised if it pops up again in January 2022.
Fifth Amendment Protection of Cellphone Passwords Remains Murky As Supreme Court Declines to Weigh In
July 01, 2021
When law enforcement seeks to compel a subject to provide a passcode to allow them to rummage through a cellphone, courts have not spoken with a unified voice. Some, including New Jersey's highest court, have arrived at the dubious conclusion that requiring an individual to communicate cellphone passcodes to the government does not warrant Fifth Amendment protection. Commentators had hoped that the U.S. Supreme Court would reject that expansive view, however, the Supreme Court declined to wade in, seemingly guaranteeing that continued uncertainty on this critical issue will continue to bedevil criminal practitioners.
Players On the Move
July 01, 2021
A look at moves among attorneys, law firms, companies and other players in entertainment law.
DOJ Looking to Develop New SEP Policies
July 01, 2021
The Justice Department has confirmed it is looking to develop new policies surrounding how standard-essential patents might be used as tools for anticompetitive practices. The change in policy will mean big business for law firms that can combine highly technical IP advice with their antitrust and litigation practices.
Third Circuit: Assertions of Sovereign Immunity Can Be Scrutinized In the Bankruptcy Context
July 01, 2021
In an era of increasing participation and regulation by various governmental agencies in businesses eligible for bankruptcy relief, the Third Circuit's decision in Venoco is an important development for assessing the extent to which a distressed business can address action by a governmental unit through a bankruptcy case.
ESG Practices, Spurred By Pandemic, Will Play Role In Future of Real Estate Investment
July 01, 2021
Over the last decade, commercial real estate players have increasingly considered the environment and sustainability when underwriting investments and operating properties, but the pandemic has catalyzed rapid growth in ESG adoption.
MARKETING TECH: Upping Your New Business Game with AI
July 01, 2021
With demand for technology innovation and efficiency at an all-time high, we can look to Artificial Intelligence (AI), Machine Learning (ML), and Natural Language Processing (NLP) to help streamline and automate proposal and RFP management, and bridge the gap between increases in RFP requests and lower win rates.

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