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Push for Disclosure Grows as Litigation Financing Becomes More Commonplace

insights Push for Disclosure Grows as Litigation Financing Becomes More Commonplace John J. Hanley · September 8, 2021

The privacy once enjoyed by investors who finance other people’s lawsuits was rarely questioned before Hulk Hogan brought a media spotlight onto the niche industry by winning a $140 million jury verdict that forced the Gawker website into bankruptcy. When Terry Jean Bollea (the professional wrestler’s real name) filed an invasion-of-privacy lawsuit against Gawker Entertainment…

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Venture Capital and the Art of the Deal: More of the Same

insights Venture Capital and the Art of the Deal: More of the Same Dror Futter · August 31, 2021

Imagine a Baskin Robbins where you can get any flavor you want, as long as it is vanilla. Based on recent data provided by the National Venture Capital Association in partnership with Aumni, the market for venture capital deal terms seem to be that kind of store. In connection with the release of an updated version of…

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BSPCE, A Very Attractive Incentive Tool for Start-ups, Now Available to Foreign Companies to Retain Their Employees in France

insights BSPCE, A Very Attractive Incentive Tool for Start-ups, Now Available to Foreign Companies to Retain Their Employees in France Olivia Lê Horovitz · BSPCE, A Very Attractive Incentive Tool for Start-ups, Now Available to Foreign Companies to Retain Their Employees in France Nicolas Simon · August 30, 2021

The bons de souscription de parts de créateurs d’entreprise (“BSPCE”) are a category of securities under French law which entitle their holders to subscribe shares of the issuing company during a specific period and at a price fixed at the allocation decision and which may be granted by young companies to recruit and retain their employees and…

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How Intellectual Property Rights Can Complicate NFT Markets

insights How Intellectual Property Rights Can Complicate NFT Markets Sam Miller · August 18, 2021

Over two decades ago, Lawrence Lessig famously declared that “code is law,” a maxim that finds fresh relevance with nonfungible tokens, or NFTs, for digital artwork and other intellectual property capturing headlines recently. Recent highly publicized sales include $69 million paid for an NFT associated with a piece of digital art titled “Everydays: the First…

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Privilege Doctrines in Litigation Funding

insights Privilege Doctrines in Litigation Funding John J. Hanley · Privilege Doctrines in Litigation Funding Maxim “Mac” Waldbaum · August 13, 2021

Photo by Nico Becker Safeguarding Privileged Information in Litigation Funding As a general rule, attorney-client privilege and other protections against disclosure are waived whenever protected information is disclosed by a client to a third party. However, a growing number of cases have held that information shared with litigation funders is protected under either the (i)…

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Regulatory Ping Pong: When Congress Ignores its Legislative Role in Net Neutrality Policies Shifting Leadership at the FCC Causes Uncertainty

insights Regulatory Ping Pong:  When Congress Ignores its Legislative Role in Net Neutrality Policies Shifting Leadership at the FCC Causes Uncertainty Stephen Díaz Gavin · August 4, 2021

A recurring telecommunications issue in recent years has been net neutrality — the principle first articulated by then Columbia University law professor Tim Wu that Internet service providers (ISPs) must treat all Internet communications equally, and not discriminate or charge differently based on user, content, website, platform, application, type of equipment, source address, destination address,…

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Sax v. Fast Track Investments – Legal Finance Regulation, Consumer Lending Interest Rate Regulation

insights Sax v. Fast Track Investments – Legal Finance Regulation, Consumer Lending Interest Rate Regulation John R. Mussman · Sax v. Fast Track Investments – Legal Finance Regulation, Consumer Lending Interest Rate Regulation John J. Hanley · Sax v. Fast Track Investments – Legal Finance Regulation, Consumer Lending Interest Rate Regulation Douglas J. Schneller · July 27, 2021

On July 19, 2021, the parties in Sax v. Fast Track Investments filed a motion with the Ninth Circuit Court of Appeals to dismiss the pending appeal and to withdraw questions the Ninth Circuit had submitted to the New York Court of Appeals.  The legal finance contracts had stipulated that New York law apply and the Ninth Circuit felt…

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Art Blockchain, Digital Art, the Art World and the Value of Non Fungible Tokens (NFTs): The Devil Truly is in the Detail

insights Art Blockchain, Digital Art, the Art World and the Value of Non Fungible Tokens (NFTs): The Devil Truly is in the Detail Sam Miller · July 22, 2021

NFTs have burst onto the scene in a big way, and no more so than in the art world with digital works tied to NFTs heralded as a ‘new art medium’, and all, including established auction houses, art galleries and others, rushing to mint, promote and curate digital art and sell them (hopefully) for small…

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Bostock v. Clayton County and Its Expansion of Sexual Discrimination to Include Discrimination against Persons for Sexual Orientation and Gender Identity

insights Bostock v. Clayton County and Its Expansion of Sexual Discrimination to Include Discrimination against Persons for Sexual Orientation and Gender Identity John R. Mussman · July 14, 2021

Bostock v. Clayton County: The Expansion of “Sexual Discrimination” to Include Discrimination against Persons for Sexual Orientation and Gender Identity In June, 2020, the United States Supreme Court ruled in Bostock v. Clayton County that the prohibition against discrimination on the basis of sex in Title VII of the Civil Rights Act includes discrimination based on sexual orientation and…

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Immigration Alert: International Entrepreneur Parole

insights Immigration Alert: International Entrepreneur Parole Sonia Oliveri · July 13, 2021

The Biden Administration, in its effort to grow the American economy through increased capital spending, innovation, and job creation has revived the International Entrepreneur (IE) Parole program, which allows qualifying foreign nationals permission to enter and remain in the U.S. for up to five (5) years in order to build and scale their businesses. Eligibility of the…

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