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Latest California Privacy Rules Draw Criticism from All Sides
June 01, 2024
Business, labor and consumer interests expressed sharply differing views at a public forum last month over proposed California rules that would govern how companies use customers' personal information for anything from hiring decisions to advertising.
Navigating Election Year PR Opportunities for Law Firms
June 01, 2024
Law firms, regardless of location or specialization, have an opportunity to leverage the political landscape to amplify visibility and engage relevant practice areas during an election year. But there are risks as well.
Protection for Confidential Business Information In a Changing Non-Compete Landscape
June 01, 2024
While reasonable post-employment restrictions remain enforceable (at least in the context of confidential information), the increased hostility to them has revived interest in the use of other legal protections for proprietary business materials.
Development
June 01, 2024
Constitutionality of Boarding House Definition Town's Use of Escrow Funds Upheld Planning Board Failed to Consider Public Safety Issue Denial of Special Permit Upheld Due to Traffic Concerns Questions of Fact About Whether Agreement Included Acquisition of Air Rights Zoning Amendment Not Arbitrary Even If It Would Authorize Uses Prohibited By Restrictive Covenants
Fresh Filings
June 01, 2024
Notable recent court filings in entertainment law.
Partner Pay Spread Increases for Top Law Firms Amid Partnership Model Changes
June 01, 2024
Amid unprecedented billing rate hikes and an escalation of the battle for rainmaking talent, Am Law 100 law firms again raised the stakes on partner pay last year. At the same time, the average spread among Second Hundred firms fell a bit.
$8.6M Settlement In Florida Serves As Cautionary Tale for Commercial Real Estate
June 01, 2024
"What's going to happen with affordable housing is that people are going to be living under the radar, trying to get under the leases and do not live there, and apartment owners need to be aware of that because they could be liable for that."
What Happens When Nondischargeable Student Loan Is Later Determined to Be Dischargeable?
June 01, 2024
The U.S. Bankruptcy appellate panel for the Ninth Circuit addressed a matter of first impression: what happens when a debt that may be considered nondischargeable is later determined to be dischargeable, and more importantly, whether efforts to collect such a debt be exempt from penalties for violating the discharge injunction?
IP News
June 01, 2024
Under the discovery rule, a party who files a timely claim for copyright infringement can recover monetary damages, even for copyright claims that date back more than three years from when the lawsuit was filed.
Debt Originations May Have Bottomed
June 01, 2024
CRE debt organization has continued to slow but has reached a virtually flat position, according to Newmark's 1Q24 State of the U.S. Capital Markets.

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    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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