Features
Insurance Coverage in Consumer Class Actions
The requirements placed on corporate America as a result of increasingly labyrinthine consumer protection laws have created significant new potential liabilities, often in the form of statutorily mandated damages.
IP News
Highlights of the latest intellectual property news from around the country.
Patent Re-examination
This article explores strategy considerations for the use of parallel patent re-examination proceedings as a tool in patent litigation.
Bribery in Today's China
The Chinese government has a labyrinth of laws, administrative directions and rules designed to thwart bribery and corruption. Such regulations have heretofore not been enforced with the appropriate rigor. Now, things are changing.
Features
Strategies for Allocating Long-Term Value in Fashion and Apparel License Agreements
One of the most vexing economic issues in fashion and apparel licensing deals is the task of allocating the long-term value of a branded product launch.
Features
Government Contracts and the Cloud
The Obama Administration is rapidly fulfilling its pledge to leap into cloud computing with both feet. Here are the pros and cons.
Features
Brand Considerations When Launching Mobile Phone Apps
Prior to launching Apps on smartphone devices, it is advisable that brand owners pause — even if momentarily — to consider the new trademark and related legal issues that this new medium presents.
Male Employees' Sex Harassment Case Settles
Lawyers watching a sexual harassment case that tested the limits of acceptable workplace behavior will not get to hear what the full Eleventh U.S. Circuit Court of Appeals thinks of the matter.
Features
Quarterly State Compliance Review
A look at some legislation of interest to corporate lawyers that went into effect during the last quarter, including amendments to Delaware's corporation, LLC and LP laws. Also, three recent decisions dealing with the inspection of books and records.
The U.S. Supreme Court and Business
Nowhere does it say (that the Justices must limit their penultimate review only to matters of constitutional law. In fact, the Supreme Court gives equal weight to crucial issues that affect the conduct of business in these United States.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›