Quarterly State Compliance Review
April 02, 2015
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Jan. 1, 2015 and April 1, 2015. It also looks at some recent decisions of interest from the courts of Delaware, Georgia and Maryland.
The Time Has Come for Maintenance Guidelines
April 02, 2015
Details of a proposed bill in New York based upon reasonable and fair compromises, including recognition of the concerns of the poverty communities, the domestic violence communities, families with middle class economics and families with exceptional wealth.
Cloud Computing Agreements
April 02, 2015
Given the importance of IT to most modern entities' operations, companies must balance the benefits of outsourced cloud services with the risks associated with entrusting data and critical business processes to third parties.
The Upshot of ISO's Fault-Based Additional Insured Endorsement
April 02, 2015
It has been 10 years since the ISO issued the fault-based version of its CG 20 10 additional insured endorsement, which it touted as the industry's solution to the overly broad judicial interpretations of "arising out of" language. But ISO's effort to achieve a narrower interpretation has been met with inconsistent and sometimes perplexing results.
Browse, Click, Sign, Enforce
April 02, 2015
Signing, dating and keeping a record of a paper contract are standard practice ' afterthoughts most of the time. However, that standard practice does not easily translate to online legal agreements ' the agreements that are native to websites, mobile apps and other digital platforms, such as "Terms of Use," "Terms of Service," "Privacy Policies" and disclaimers.
Credit Bidding: Secured Creditor Beware
April 02, 2015
The right to credit bid under section 363(k) of the Bankruptcy Code can be an important safeguard that protects a secured creditor against the risk that its collateral may be undervalued at an asset sale, and courts have traditionally described a secured creditor's right to credit bid as fundamental and near absolute. However, as some bankruptcy courts have recently reminded us, the right is not absolute, and may be limited by the bankruptcy court "for cause" under section 363(k) of the Bankruptcy Code.
Representing Clients Ethically in the Digital Age
April 02, 2015
While technology is constantly evolving, attorneys' ethical duties to provide competent representation and preserve confidentiality remain the same. From initial intake through litigation, technical competence is required.
'Redemption Option Value'
April 02, 2015
On Dec. 8, 2014, the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 issued its 2012-2014 Final Report and Recommendations (the Report) proposing numerous changes to Chapter 11 of the Bankruptcy Code. This article focuses on the Commission's proposal to compel senior creditors to pay a mandatory "tax," or so-called "redemption option value" (ROV), to junior stakeholders.
Are Today's Partners The NFL Players Of the 1960s?
April 02, 2015
Despite the shakeups in the legal industry, the exiting of partners, and increased competitiveness, can we say that law firm partners are using all the tools that might make them fully developed? Or will we look back at most firms of today and conclude that the star players were like the NFL players of yesteryear?
Federal Circuit Refuses to Review the PTAB's Decision to Institute IPR
April 02, 2015
In its first-ever ruling in an appeal from a final decision in an <i>inter partes</i> review (IPR) under the America Invents Act, the Federal Circuit affirmed the PTAB's rulemaking for conducting IPR proceedings. The Federal Circuit's decision leaves in place IPR rules that increase the likelihood of invalidating patents and solidifies IPR as an attractive alternative to district court litigation.
