Structuring Strategies for Off-Balance-Sheet Treatment of Real Property Leases
November 01, 2019
The Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.
How the U.S.-China Trade War Effects IP Strategy
November 01, 2019
The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.
D&O Policy 'Bankruptcy Exclusion' Held To Be an Unenforceable 'Ipso Facto' Clause
November 01, 2019
The new decision is significant because lawsuits against former (and current) officers and directors of debtors commonly are brought, as here, by trusts established under plans of reorganization. Because insurance policies often are the only viable source of recovery for the claims asserted in such lawsuits, this decision potentially opens a pathway to creditor recovery in other similar matters.
Players on the Move
November 01, 2019
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Real Property Law
November 01, 2019
Former Owners Not Entitled to Surplus from Tax Foreclosure Sale
Joint Tenants Need Not Own Equal Interests
Fraud Action Not Premature Merely Because Truth of Representations Are the Subject of Pending Proceedings
Transferee from Incapacitated Person's Attorney-In-Fact Not A Bona Fide Purchaser
SEC's Reboot on Waiver Requests in Enforcement Settlements
November 01, 2019
SEC Chairman Jay Clayton recently announced a change in how the SEC will consider requests for waivers of certain serious collateral consequences that would otherwise result from settlement of an SEC enforcement action. These collateral consequences, often referred to as "bad actor" or "bad boy" provisions, can vary greatly and may disqualify an entity from conducting certain business or utilizing certain means to offer securities.
Competitive Intelligence: Assumptions and CI Don't Mix
November 01, 2019
Sometimes I assume my clients know what I can do for them and what they should ask for. You all have heard the old adage about what happens when you assume. I still laugh when I think of my elementary teacher saying it, but It's such a basic idea, and applies in so many situations. Here are just a few of which I've been reminded.
Preparing the Next Generation of Lawyer Leaders
November 01, 2019
A new crop of leaders is gearing up to take the helm. Like their brethren before them, they have little in the way of formal experience or training for the roles they are about to inherit.
Bit Parts
November 01, 2019
Sixth Circuit Agrees Non-Party Interview Quotes Are Inadmissible Hearsay for Purpose of Establishing Direct Evidence of Copying in Infringement Case over Classic Rock Song "Gimme Some Lovin'"
Transformative Use Defense Defeats Hard Rock Hamilton Persona Suit over Gears of War Character
