Insider Trading Liability
June 01, 2016
In the wake of recent insider trading decisions issued by the Second and Ninth Circuits, the Supreme Court has granted certiorari to determine if proof of a close family relationship is enough to satisfy the personal benefit requirement laid out in previous decisions addressing tipper-tippee liability.
International Cybersecurity Compliance Concerns
June 01, 2016
Compared with the rest of the world, the United States has historically been a more open framework when dealing with information. Social media has made even the most mundane and possibly personal pieces of data available to many with a press of a finger. Such an open relinquishment of private information is almost assumed and has become part of the American culture. Those who think about how easy it is to access data understand how their own data has become part of the searchable cyberspace.
Anti-Concurrent Clauses
June 01, 2016
This two-part article constitutes an overall review of ACC clauses in first-party property policies and their application across the United States. Most courts have found ACC clauses to be enforceable, although a handful of states have held that insurers may not contractually opt out of the state's causation doctrines, i.e. , efficient proximate cause or concurrent causation. We conclude the article herein.
To Merge or Not to Merge?
June 01, 2016
The "one-percenters" that we are hearing so much about in this year's primary election campaigns also have an analogous place in current law firm economics. The rich are getting richer, and most others are struggling to hold their own.
Should You 'ERISA-fy' Your Severance Plan?
June 01, 2016
Employers with severance plans need to know whether or not their plans are subject to the Employee Retirement Income Security Act of 1974 (ERISA). And if the employer finds that they are not, it may wish to consider amending the plans to bring them under ERISA.
New USPTO Rules for Post-Grant Trials
June 01, 2016
New changes to rules for post-grant administrative trials before the Patent Trial and Appeal Board (PTAB) went into effect on May 2, 2016, after much public comment and gnashing of teeth. Among the plethora of rule changes that were announced, two in particular stand out as most substantive for both patent owners and their challengers.
Millennials Approaching Partnership: Now What?
June 01, 2016
Although legal professional development administrators continue to fight the good fight with respect to new associate development and integration, they must now, more than ever, start focusing on the fact that Millennial lawyers are getting closer to partnership. .
Fundamental Issues In U.S. Taxation of Foreign Entertainers and Athletes
June 01, 2016
The United States taxes its citizens and resident aliens on their worldwide income; nonresident aliens are taxed on their U.S. source income and income that is effectively connected with a trade or business in the U.S. These seemingly simple terms have spawned volumes of regulations, rulings, cases and articles, the essence of all of which is to determine who is subject to tax in the U.S., and on what. This article introduces the U.S. federal income tax issues.