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Thousands of clawback demands have been made in crypto bankruptcies and more are on the way. Uncertainty in the way bankruptcy law applies to digital assets can be leveraged by investors and clawbacks to resolve liability. Today on Credit Chronometer, a reminder of the open issues to be determined by the courts and the ability to mount a strong defense. https://lnkd.in/e5TAwsyC #cryptobankruptcy #cryptocurrency
The music industry is no stranger to copyright claims. A recent copyright decision reaffirms the principle that the basic building blocks of music, such as time signature and a generic rhythmic structure, are not actionable similarities to establish copyright infringement. Davis+Gilbert Litigation + Dispute Resolution attorneys explore the details of the decision, which highlights important factors to consider when making or disputing copyright claims. #Copyright #MusicIndustry #CopyrightInfringement
The advertising technology industry has seen a significant change with how members of the Digital Advertising Alliance (DAA) balance privacy with serving ads to users online. Davis+Gilbert Privacy, Technology + Data Security partner Gary Kibel was quoted in this IAPP - International Association of Privacy Professionals newsletter, "A Look at the DAA’s Shift in How It Handles Consumer Opt-Outs," discussing the DAA’s shift away from the current cookie-based opt-out mechanism to a browser-based extension called WebChoices 2.0. Gary points out that state privacy regulations mandating certain processes for consumer optouts, such as the California Consumer Privacy Act (CCPA) is a driving factor in the DAA rolling out this transition. In terms of how WebChoices 2.0 impacts compliance, Gary comments on how “having a system where consumers are controlling their preferences that are built into the browser; its sounding like a more compliant process, but the devil will be in the details. (WebChoices 2.0) will force all members of the adtech ecosystem to work more collaboratively and with more transparency between partners.” Read the full article for more insights from IAPP members and other privacy and data security professionals like Gary: https://lnkd.in/gTZvzZV6 #IAPP #PrivacyandTechnology #DavisGilbert
Employers that work with employee benefit plan administrators using AI for streamlined processes need to be aware of the opportunities and challenges that come with the use of this technology. Companies must diligently work with their data security and ERISA counsel to ensure that AI tools appropriately comply with privacy and data security laws. Our attorneys outline the ways to use AI and tips for employers in this Davis+Gilbert client alert. #AI #DataSecurity #ERISA
The EU AI Act text is now finalized - How does this impact your business? From risk assessments to transparency requirements, the regulations are extensive and far-reaching. Our detailed article breaks down the key takeaways and provides actionable insights for navigating these changes. #EULaw #AI #AIGovernance #TechLaw
The public relations industry continues to be extremely active in its M&A activity levels. In this article for PRWeek, Davis+Gilbert partners Michael Lasky and Brad Schwartzberg discuss the findings of our Davis+Gilbert PR Industry M&A Activity Tracker. Diving into the details of who is buying and selling, and why. One comment from Michael Lasky touched on the increased activity involving independent PR firms, “Many independents are in a healthy financial position, and very intentionally and strategically complementing their organic growth through mergers and acquisitions.” Meanwhile, Brad Schwartzberg explained that reduced activity from PE firms is due to “an ever-increasing interest rate environment. Private equity firms tend to lever their transactions, which is why when interest rates are low, these firms are wildly competitive and driving up multiples.” The article includes analysis and commentary on M&A deals through June 2024, with insights from leading PR executives on their recent activity. Read the full article for more insights from Michael and Brad: https://lnkd.in/eGF7_Ebn #PublicRelations #MergersandAcquisitions #DavisGilbert
Shira Franco and Ryan Schneider outline three important legislative updates affecting New York state employers and employees in 2024 and 2025. Employers should be aware of: 1. Paid lactation breaks for nursing employees 2. Paid prenatal personal leave 3. Expiration of COVID-19 emergency quarantine sick leave #Employers #NewYorkEmploymentLaw #SickLeave
A recent decision underscores the challenges copyright plaintiffs face when relying on circumstantial evidence of copying. Marc Rachman and Danielle Zolot outline how the plaintiff’s access theories failed to measure up in a recent case where Megan Thee Stallion successfully defended against a copyright infringement suit over her hit "Savage” in our latest Litigation + Dispute Resolution alert. 🎤Tune into the details here: https://lnkd.in/eWZQdBka #copyrightinfringement #musiccopyright #IPLitigation
As brands aiming to be a part of the Olympics this summer put the finishing touches on their marketing campaigns, there are important risks that need to be considered. Jim Johnston and Andrew Richman explain the benefits and risks to participating in ambush marketing campaigns related to Paris 2024. #sportslaw #ambushmarketing #advertisinglaw
Staying informed about the latest developments in the public relations industry is critical as the industry continues to evolve. At Davis+Gilbert LLP, we track M&A activity in the public relations industry on a regular basis, as well as assessing general trends in buyer type, seller revenue rangle, and seller specialties. Sign up for our quarterly tracker and insights directly using the QR code in the carousel below! Some key findings based on the M&A data we compiled for the first six months of 2024: 🔢 There were 52 completed transactions in the first six months of 2024 — very similar to the robust activity level from first half of last year. 🛍 Last year, private equity-backed buyers took a major foothold of the deals (47%). We are seeing this number decline in 2024 so far (33%), likely due to a tightening of purse strings and an unstable interest rate environment. 💹 While the level of small and mid-size deal activity continues to be robust (88% of deals), this year we saw a sharp uptick in deals involving sellers with revenues of more than $25M — representing 12% of the overall deal volume (almost 3x more than during the comparable period in 2023). 📚 Integrated/full-service firms accounted for 32% of the seller specialties in the first six months of 2024, demonstrating that firms are continuing to implement diverse service offerings and taking an omnichannel approach to their communications and marketing solutions. 🎨 Not surprisingly, the most in demand service offerings of the sellers from January – June of 2024 were digital and social media, branding, content and strategy development, and media relations. #PRIndustry #PublicRelations #MergersAcquisitions
