Fifth Circuit Affirms Shareholder Veto of Chapter 11 Petition
July 01, 2018
“Federal law does not prevent a bona fide shareholder from exercising its right to vote against a bankruptcy petition just because it is also an unsecured creditor,” held the U.S. Court of Appeals for the Fifth Circuit in <i>In re Franchise Services of North America, Inc.</i> According to the court, applicable Delaware law would not “nullify the shareholder's right to vote against the bankruptcy petition.”
Executive Benefits at Non-Profits after the Tax Cuts and Jobs Act
July 01, 2018
The Tax Cuts and Jobs Act made significant changes to certain Internal Revenue Code provisions dealing with highly compensated employees. Among these are restrictions (in the form of excise taxes) on compensation of certain highly paid employees of “applicable tax-exempt organizations.”
In-House Counsel's Growing Role in Data Protection and Security Risk Management
July 01, 2018
<b><I>Building an Intelligence-Led Program</b></i><p>With reports of major breaches surfacing with alarming frequency, boards and C-Level management are now looking to counsel to implement programs that help the corporation prepare for, quickly recover and reduce fallout from, inevitable cyber incidents. In-house counsel is facing growing responsibility to minimize damage to the corporate reputation, loss of key data, and legal and regulatory penalties. And many worry their organization is stuck in a game of catch-up.
Thinking Outside of the Big-Box: Understanding License Agreements
July 01, 2018
One critical component to the successful evolution of a shopping center is creating a stronger connection with community through attractions, events and promotions that bring a fresh vibrancy to the centers. These specialty relationships and other short-term relationships are generally memorialized in a license agreement rather than a traditional lease.
The Comprehensive Plan Requirement
July 01, 2018
Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance?
The End of the Privacy Shield?
July 01, 2018
If the U.S. cannot come to an understanding with the European Parliament by September 1, companies that already participate in Privacy Shield may find themselves in limbo. But there are options.
The Tax Cuts and Jobs Act — How It Affects Real Estate
July 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>The Tax Act is the most sweeping change to the U.S. federal income tax laws since 1986. This and future articles discuss the individual tax and business tax provisions that affect real estate investment and investors in real estate.
The Law Firm Cybersecurity Audit Grows Up
July 01, 2018
In the face of new threats, law firm cybersecurity assessments have become more engaging and demanding affairs. But many hope this new change is just the beginning of a more fundamental shift.
Affirmation of the Alien Venue Rule
July 01, 2018
<b><i>In re: HTC Corporation</b></i><p>The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in <i>TC Heartland</i> did not supplant the long-standing rule that venue laws do not protect foreign defendants.
