Columns & Departments
Eminent Domain Law
Claimant Not Entitled to Consequential Damages of Lack of Access
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Understanding Your Audience by Traffic Sources
This article describes each website traffic source. describes the mindset of the typical visitor that each attracts. and provides information on the type of content that is best suited to serve as a landing page for each channel.
Features

What Hybrid Work Plans Are Working?
Starting in late 2021, the drumbeat of "return-to-the-office" began and now — somewhere in the neighborhood of two years later of that — it begs the question: how are firms doing with their return-to-office? What programs — if any — have been successful?
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Strategies for Reining In Expenses During Down Market
What strategies can firms take to rein in expenses during a challenging, down market to avoid further layoffs? Look no further than the firm's back-office operations. This article provides a brief overview of five areas where your firm can not just "cut costs" but actually improve operations while doing so.
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Recessions Offer Opportunity To Improve Your Processes and Innovate
Recessions are full of opportunity. No matter what industry you work in, a slowdown in the economy is an opportune time to invest in your brand, improve your processes, strengthen your business focus, and innovate to get a jump on competitors.
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Impersonation on Social Media: The Increasing Challenges of Verification
The recent flurry of online impersonators, ranging from accounts posing as President Joe Biden to the pharmaceutical company Eli Lilly, exposes the challenges of social media platforms' verification and authentication processes.
Features

What's Behind the Surge In Law Firms Launching Crisis Management Practices?
Over the last year or so, there has been a surge in law firms launching "crisis management" practice groups. Does this move reflect expanding relationships beyond one-off litigation matters? Is this just a collaboration and renaming or repackaging of existing attorney expertise and practices? Or is there something deeper going on?
Features

The Difference Between 'Covenant' and 'Condition Precedent' In Song Licensing Agreements
A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement's notice-and-consent clause was a condition precedent to the administrator's ability to license the songwriter's songs.
Features

Fair Use of Embedded Content on Social Media
The change in character of social media, from purely social communication to a mixture of the social and commercial, has had knock-on effects for courts applying traditional legal principles, notably, the application of copyright law.
Features

How the Changing Concept of 'Work' May Jeopardize Employers' IP Ownership
A key step to ensure that employers own their intellectual property is having employees sign agreements which assign to the employer all intellectual property created in the course of employment.
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MOST POPULAR STORIES
- 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 ›