The ABCs of Assignments for the Benefit of Creditors (ABCs)
July 31, 2020
General assignments for the benefit of creditors (ABCs) have been and continue to be a popular business liquidation device for the orderly wind down of corporations, limited liability companies, and even nonprofit corporations and general partnerships. Just as in bankruptcy, an ABC can also be used to facilitate a going-concern sale of the debtor's assets to a third-party. Includes an interactive state-by-state map.
Working Remotely? Here Are 4 Often-Overlooked Steps That Secure Your Data
July 01, 2020
By the time you read this, Americans will have been working from home for more than three months. This has never happened before in this country during the age of technology. As millions logged on to their home networks and personal devices in an attempt to keep their companies afloat, cybersecurity issues rose to the forefront of the many issues that companies had to manage.
Synchronizing Legal Hold Requirements With Consumer Requests for Data Deletion
July 01, 2020
The biggest challenge with any legal hold process is ensuring that potentially relevant data is actually preserved. But with evolving requirements for how data is managed by new data privacy laws like the CCPA and the GDPR, it's become harder to secure data by simply sending a legal hold and assuming the custodian will do their duty to preserve it.
Preparing for the LIBOR Phase Out: Contract Remediation Starts with Contract Intelligence
July 01, 2020
The London Interbank Offered Rate has long been the global basis for agreements that include a variable interest rate component. However, LIBOR would be replaced by other benchmarks by the end of 2021. Key to assessing risk of exposure, quantifying the financial impact, developing remediation plans and communicating material information to stakeholders will be the identification, analysis and remediation of LIBOR-based contracts.
How To Avoid Cybersecurity Challenges Brought On By the Pandemic
July 01, 2020
As the current pandemic has forced much of the world into virtual workforce mode, cybercriminals have seized on the uncertainty of the current times to launch new and creative offensives. Fears surrounding COVID-19 are high, conspiracy theories are running rampant, and cyberattackers are counting on stress and distraction to decrease our vigilance against intrusions.
Lessons Learned from Recent FTC Data Security Enforcement Orders
July 01, 2020
Proposed class actions against Zoom are illustrative of a challenge many businesses face: what is "reasonable" data security? The FTC's key data-security-related enforcement can help guide businesses in developing their data security programs.
Legal Tech: How to Streamline Your eDiscovery and Plan for the Future
July 01, 2020
At law firms, attorneys will need to sustain the high quality of work they do in normal times, albeit with reduced budgets. The good news is that with ediscovery — an essential but expensive part of the litigation process — advances in technology since America's last recession have made it possible to save money and time by adopting a more modernized and comprehensive approach.
New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision
July 01, 2020
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.
Recent Court Views on "Making Available" Controversy in Copyright Infringement
July 01, 2020
Federal courts have long disagreed over whether the unauthorized "making available" of a plaintiff's works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.