There have been important developments from the Internal Revenue Service (IRS) as well as pending court cases regarding the proper use of forfeitures which arise under defined contribution plans, such as 401k plans. These developments present potential conflicts and liabilities that employers and Continue Reading
Reuters Legal News | Valuing Crypto in the Bankruptcy Multiverse
The recent bankruptcy filings by several major crypto platforms have given rise to unexpected realities for customers and investors. The sudden change in rights, legal exposure in bankruptcy litigation and varying outcomes in the several different proceedings can be reminiscent of a Hollywood Continue Reading
Reuters Legal News | Debtors Without a Cause: Whether Non-Distressed Entities Can Access Bankruptcy
The benefits afforded debtors in bankruptcy are so compelling that businesses have initiated bankruptcy proceedings without experiencing insolvency or imminent financial distress. But do such businesses have the right to do so? With no express guidance under the Bankruptcy Code, and no bright Continue Reading
O’Dwyers Public Relations | Going for Olympic Gold: Marketers Hope To Reach the Podium in Paris, Even if Not on the “Official” Team
Just about everyone dreams of participating in the Olympics – walking among the parade of nations being draped with a bronze, silver, or maybe even gold, medal. Most learn at an early age that we possess neither the skill nor the single-minded discipline necessary to fulfill this dream. So, we Continue Reading
Reuters Legal News | The Case of Fruity Pebbles: ‘Stone-Age’ Use Does Not Guarantee Trademark Protection in Colors
A specific color or color combination can be the subject of common law trademark protection and/or federal registration with the U.S. Patent and Trademark Office ("USPTO") in certain circumstances, though it can be challenging to protect and register a color mark. Some well-known examples of Continue Reading
O’Dwyer’s Public Relations | Applying Attorney-Client Privilege to PR & Comms
Public relations firms are increasingly occupying an important seat at the table when their clients confront a crisis of one type or another. The 24-hour news cycle and the constant availability of “trending” information on social media have only exacerbated the need for effective strategic Continue Reading
AdExchanger | Advertisers Take Note: State Laws Zero in on Protecting Kids’ Digital Privacy Rights
US state comprehensive privacy laws like the California Consumer Privacy Act (CCPA) have been garnering much attention over the past year. However, new requirements with respect to the processing of children’s data are occurring at the US state level and seemingly flying below the Continue Reading
Sports Business Journal | Reexamining Morals Clauses in a Post Tiger-Nike World
An early withdrawal for Tiger Woods at the Genesis Invitational last month continued a trend of health-related withdrawals. Even his more limited playing schedule has not alleviated the concerns about his health. Despite the early exit, the weekend also marked a new era for Tiger, as he debuted his Continue Reading
Westlaw Today | Knowledge Is Power: Accessing Loan Information in Troubled CMBS
If the days of “extend and pretend” actually come to an end for commercial real estate loans this year, there will be a greater focus on investors’ rights to information regarding troubled properties. Valuation issues have received much of the attention recently, but it is the information Continue Reading
Law360 | A New Push To Clear Up Marijuana’s Foggy Legal Status
Although marijuana is now legal for recreational or medical use in 37 states, it is still a federal crime to grow, sell or possess marijuana. With Congress unable to come to an agreement on marijuana's legal status, the Biden administration has been considering other means at its disposal to Continue Reading