Articles

03.01.13

Sporting Chance

Conceived in a Harvard Law Review article by Louis Brandeis in 1890, the right of publicity has been the subject of only one US Supreme Court opinion in the intervening 123 years. Considering that that opinion was rendered 36 years ago regarding an old-fashioned human cannonball act and considering ...


02.27.13

Structured Finance Negotiations, 'Bad Boy' Carve-Outs

Hypothetical: Borrower secures a non-recourse loan to acquire a commercial office building and concurrently leases it to a cloud based internet start-up company. The loan is secured only by the real property but is subject to certain "bad boy" exceptions for borrower misconduct (including ...


02.19.13

SEC Approves NYSE and NASDAQ Rules on Compensation Committees and Advisers

The Securities and Exchange Commission has approved new listing requirements promulgated by the New York Stock Exchange and the Nasdaq Stock Market relating to the composition of and oversight by compensation committees. The listing requirements, as required by the Dodd-Frank Wall Street Reform and ...


02.13.13

States Take Practical Path on Exchanges

When the Affordable Care Act was debated in Congress, the House of Representatives wanted one federal exchange and as much federal control of state insurance markets as possible. The Senate wanted state insurance exchanges and state flexibility to tailor market rules to local market conditions.The ...


02.08.13

Securitized Loans Re-Emerge: Borrowers Beware!

The securitized loan market, long dormant in the recession of the last four years, appears poised to recover much of its pre-recession share of the lending market in 2013.  These low-interest, high-transaction cost loans are often the best option for borrowers of large loans on well-stabilized ...


02.07.13

The Hard Cell

The mobile banking and payment industry is booming. Growth is not limited to bank consumers using smart phones for paying bills or transferring funds. Retailers and e-tailers are cashing in too with their own applications ("apps") and services that offer on-line shopping, point-of-sale ...


01.23.13

Newly-Released HIPAA Omnibus Rule Modifies Privacy, Security and Breach Notification Requirements

On January 17, 2013, the Office of Civil Rights of the U.S. Department of Health and Human Services issued a long-awaited omnibus rule (the "Omnibus Rule"), which modifies a wide range of privacy, security and breach notification requirements under the Health Insurance Portability and ...


01.11.13

How To Handle Confidential Investigations of Bank Activities

Scenario: In the course of a safety and soundness examination, bank examiners identify certain unusual transactions and bring the issue to the attention of management. Management, in turn, recognizing the potential severity of the issue presented, decides that the matter should be referred to the ...


01.10.13

Rights of Publicity: Contradictions In The Courts

A recent New Jersey federal district court decision, Hart v. Electronic Arts Inc., described the body of law attempting to balance First Amendment rights with the right of publicity as "disordered and incoherent,"[1] a description with which those practicing in this subject area would ...