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Banks and Landlords: Competing Lien Interests
July 01, 2016
Banks that provide financing for commercial tenants and the real estate landlords for those same tenants both want additional security in the tenant's personal property located at the premises. This article provides a discussion of the varied interests of the landlord and the tenant's lender in the tenant's personal property, along with suggested compromise solutions.
Crisis: Controlling the Threats and Seizing the Opportunities
July 01, 2016
When it comes to crises, businesses practically tie themselves in knots trying to avoid any potential conflict. But what are the best ways to control a crisis once it comes up?
Foreign Whistleblowers Fuel SEC Enforcement Activity, Raising the Stakes for Global Corporate Compliance
July 01, 2016
An "eligible" whistleblower is a person who voluntarily provides original information about a possible violation of the federal securities laws that has occurred, is ongoing, or is about to occur. If that information leads to a successful SEC action resulting in an order of monetary sanctions over $1 million, the whistleblower(s) can collect their bounty. Over the lifetime of the program, the SEC has addressed more than 390 award claims and has awarded more than $67 million to 29 individuals, known as claimants, in connection with 16 actions.
<b><i>Legal Tech</b></i> Could Federal Courts' Inherent Powers Upend the New Amendments to Rule 37(e)?
July 01, 2016
The recent amendments to the Federal Rules of Civil Procedure completely overhauled the sanctions portion of Rule 37, and were designed to resolve conflicts on the standards to apply in ordering spoliation sanctions. But one recent decision indicates that neither may be the debate on the standards a federal court can employ in ruling on a spoliation motion.
Landlord & Tenant
July 01, 2016
In-depth discussion and analysis of the latest rulings.
Debtor's Power to Reject Executory Contract Trumps Counter-Party Debtor's Power to Assume Same Agreement
July 01, 2016
Among the various rights and protections afforded by the Bankruptcy Code to a debtor-in-possession, one of the most potent is the debtor's broad authority to assume or reject existing executory contracts and unexpired leases. Indeed, this power is one of the most useful tools available to a debtor, and in certain cases, it can be a major or even a primary reason for the bankruptcy filing.
The Tyson Foods Ruling
July 01, 2016
The Supreme Court's recent decision in <I>Bouaphakeo v. Tyson Foods</I> provided useful guidance for class-action litigants regarding the proper use of representative evidence ' i.e. , that which requires the trier of fact to draw conclusions about one subset of the class, or even an individual putative class member, based on an analysis of a different part of the class.
International Cybersecurity Compliance Concerns
July 01, 2016
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.
<i>Kirtsaeng</i> Clarifies Attorney's Fees Standard In Copyright Cases, Injects More Uncertainty Into Availability of Fee Awards
July 01, 2016
Issuing its second decision in Supap Kirtsaeng's long-standing dispute with John Wiley &amp; Sons ' and its first copyright decision in nearly two years ' the SCOTUS recently clarified the applicable standard for evaluating the appropriateness of an attorney's fee award under Section 505 of the Copyright Act, holding that a district court should give substantial weight to the objective reasonableness of the losing party's position, while also taking into consideration all other circumstances relevant to the attorney's fees inquiry.
Investing in Renewable Energy Projects
July 01, 2016
The prolonged wait for the extension of the renewable energy tax credits throughout 2015 may have somewhat dimmed investor interest for backing renewable energy projects through the monetization of the tax credits.

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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • The Landlord's Lien under the Uniform Commercial Code
    While used less frequently than security deposits and personal guarantees, granting the landlord a security interest in its personal property can enhance a tenant's credit. This device may be more effective when conferred by certain types of tenants than by others, but nevertheless, it may provide the landlord with a potent default remedy, particularly in a fragile market.
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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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