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Commentary: What the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement
June 01, 2022
In the last two decades, the music industry and, more specifically, songwriters, producers and recording artists have been losing the value of their efforts to online piracy. Perhaps a business-to-business solution can be found between the music industry and cable providers.
Why Subchapter V Is More Appealing Than Chapter 11 for Small Businesses
June 01, 2022
The Small Business Reorganization Act created a new pathway for small businesses to remain in control of running their businesses, which is the usual reason for choosing to seek relief under Chapter 11, while eliminating many of the reasons that typical Chapter 11 proceedings exhausted the patience, and wallets, of both debtors and creditors.
Individual Liability and Criminalizing Cybersecurity Response
June 01, 2022
To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.
Landlord & Tenant Law Case Update
June 01, 2022
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment COVID-19 Does Not Excuse Failure to Pay Rent
Upcoming Event
June 01, 2022
30th Cutting Edge Entertainment Law Seminar. New Orleans, July 7-9, 2022
Rising Expenses and M&A Slowdown Could Sink Profit Growth This Year
June 01, 2022
Stifling expenses and a slowdown in transactional work during the first quarter could sink profit growth for the rest of the year, according to a new analysis of legal industry performance.
IP News
May 31, 2022
Federal Circuit: Agreement Between Patent Owner and Third Party Was Not Insulated from The On-Sale Bar
The Slack Explosion: Convenient Yet Complicated, Part 2 
May 01, 2022
Best Practices to Simplify Future E-discovery Part Two of a Two-Part Series Just as the legal industry had to scramble to figure out how to handle email and other electronic documents a couple decades ago, e-discovery practices must once again shift to account for the realities of business being conducted via chat and the massive amounts of new types of data that chat platforms generate.
The Importance of ISO Certification for Law Firms
May 01, 2022
ISO certification is not just a critical way to ensure your firm's security; it's increasingly important for any firm that wants to maintain a competitive advantage in today's legal market.
Metaverse Raises Privacy and Cybersecurity Concerns
May 01, 2022
The Metaverse will be the next version of the Internet that provides an immersive virtual experience. For now, the extent to which Metaverse technology will be integrated into our physical world remains unknown. This raises new concerns about data privacy, cybersecurity, new cybercrimes and constitutional issues.

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    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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