• New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision

    July 01, 2020 |

    Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.

  • Shareholder Class Actions During, and After, COVID-19

    July 01, 2020 |

    Given the current turmoil in the markets, an increasing number of plaintiffs are bringing shareholder class action suits, citing corporate statements about COVID-19. As first-quarter earnings season draws to a close, now is a good time to reflect on the shareholder class actions that have been brought to date related to COVID-19, and others potentially yet to come.

  • How To Avoid Cybersecurity Challenges Brought On By the Pandemic

    July 01, 2020 |

    As the current pandemic has forced much of the world into virtual workforce mode, cybercriminals have seized on the uncertainty of the current times to launch new and creative offensives. Fears surrounding COVID-19 are high, conspiracy theories are running rampant, and cyberattackers are counting on stress and distraction to decrease our vigilance against intrusions.

  • Supreme Court Reins in Broad Reading of Fraud Statutes with 'Bridgegate' Case Ruling

    July 01, 2020 |

    When federal prosecutors focus their attention on high profile misconduct that is not an obvious violation of federal criminal law, they often cannot resist the attractions of broadly worded "catch-all" fraud statutes. From time to time, however, the U.S. Supreme Court has pushed back on efforts to further expand the boundaries of these statutes, leading to reversals of some well-publicized criminal convictions.

  • Law Firm Leasing Drops During COVID-19

    July 01, 2020 |

    Overall, the pandemic will likely result in long-term changes for law firm offices. While law firm leasing activity will eventually pick up, firms may decrease their overall footprints, taking up 10% to 15% less square footage because some people will continue working from home.

  • Working Remotely? Here Are 4 Often-Overlooked Steps That Secure Your Data

    July 01, 2020 |

    By the time you read this, Americans will have been working from home for more than three months. This has never happened before in this country during the age of technology. As millions logged on to their home networks and personal devices in an attempt to keep their companies afloat, cybersecurity issues rose to the forefront of the many issues that companies had to manage.

  • COVID-19: Economic Stimulus and SBA Loans

    July 01, 2020 |

    A summary of information on the various Small Business Association (SBA) loans that are available under the new federal economic stimulus package. Continually updated; last update July 1.

  • Real Estate Loan Workout: Exchange of Enhancements for Concessions

    July 01, 2020 |

    As a result of the coronavirus pandemic, a property owner might reach out to its lender for urgent, needed debt relief. The lender, which strives for a performing asset, an on-going relationship with its customer makes concessions. In exchange for these concessions, the lender should obtain credit and legal enhancements., which should also enable the lender to make concessions that are more meaningful to the property owner, its investors, its tenants and its business.

  • Statute of Limitations In Copyright Ownership Disputes: Questions from the Everly Brothers Case

    July 01, 2020 |

    Don and Phil Everly's flawless harmonies that resulted in a string of hits in the 1950s and '60s regrettably ended in acrimony. The Sixth Circuit recently issued a decision in a dispute between Phil's heirs and Don over copyright ownership of the No. 1 hit "Cathy's Clown," in which concurring Judge Eric E. Murphy raised important questions about when the statute of limitations should begin to run in copyright cases and whether courts have been correctly applying the law.

  • What You Need to Know About the USPTO's Proposed Rule Changes to PTAB Trials

    July 01, 2020 |

    On May 27, 2020 the U.S. Patent and Trademark Office (USPTO) proposed rule changes to govern inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review proceedings at the PTAB. This article provides a summary of each proposed rule change and its potential impact on PTAB practice.