10-Q&A Episode 12: Prof. Jon Broder interviews Temple’s Board Chair, Mitchell Morgan, about his spectacular success and his vision for Temple

Mitch Morgan turned his humble beginnings, working while attending Temple for undergraduate and law school, to one of the largest real estate empires in the country. In this episode of the 10-Q&A, he talks with Temple Law’s Jon Broder about his early years, founding Morgan Properties, and why Temple is one of the best parts

President Biden’s Cybersecurity Executive Order Will Increase Compliance Obligations on the Private Sector

Companies providing information technology products and services to U.S. government agencies are now required to notify such agencies of cyber incidents and meet specific cybersecurity standards.

New Standard Contractual Clauses for Cross-Border Transfer of EU Personal Data Released

The European Commission has published updated versions of the standard contractual clauses for international transfers of personal data from the European Union (“EU”), enabling businesses to account for a variety of complex data transfers.

New York Court of Appeals Holds No Bankruptcy Preemption of Lender Tort Claims Against Related Third Parties

The State of New York Court of Appeals has held that claims against non-debtor related parties, based on their actions to aid or induce Chapter 11 debtors to breach contractual loan covenants, were not subject to preemption under federal bankruptcy law.

SEC Adopts Modernized Framework for Fund Valuation Practices

On December 3, the SEC adopted Rule 2a-5 under the Investment Company Act of 1940, as amended. Under Rule 2a-5, determining fair value in good faith with respect to what a fund will require: (1) the periodic assessment and management of material risks associated with the determination of the fair value of the fund’s investments,

There’s An App (But Maybe Not A Copyright) For That

With the software copyright case Google LLC, v. Oracle America, Inc. now being decided by the Supreme Court after hearing oral arguments on October 7, 2020, software developers and the general public may wonder about the potential impact a decision in the case may have on the tech industry. At stake for the parties are the copyright protections afforded to Oracle’s application programing interface (API) previously used by Google to provide the functionality of Google’s highly popular Android mobile operating system installed on billions of mobile devices worldwide.

SEC Proposed Exemption Provides Regulatory Clarity For Unregistered Finders

On October 7, 2020, the Securities and Exchange Commission (SEC) voted to provide much needed clarity to the regulatory status of so-called “finders” who assist small businesses in raising capital. In a 3-to-2 vote, the SEC proposed a Finder exemption to the broker-dealer registration requirements of Section 15(a) of the Securities Exchange Act of 1934 to allow unregistered natural persons, referred to as finders, to engage in certain limited activities to assist issuers in raising capital from accredited investors.

Court Addresses Arbitration Provision in Connection With Post-Petition Debtor Contracts

In Woodbridge Wind-Down Entity v. Monsoon Blockchain Storage, the U.S. Bankruptcy Court for the District of Delaware (the “Court”) addressed the enforceability of an arbitration provision in connection with a post-petition contract entered into by the debtors and a non-debtor counterparty. The Court first concluded that Paragraph 22(B) did provide for the arbitration of disputes under the APA. However, the Court then found that the Addendum represented the parties’ actual intent and that its language controlled. In light of the Addendum’s unambiguous language, the Court concluded that the parties did not agree to arbitrate claims under the APA.