Economists rarely agree on anything. But, if the Fed's recent actions are any guide, most believe the U.S. is already in a recession (defined as two consecutive quarters of negative growth). This downward economic outlook for the country will soon begin impacting corporate budget discussions, forcing every department ' including legal and the law firms that serve them ' to re-examine their expenses. When companies are struggling to grow the top line, every cost gets scrutinized. Legal expenses are no exception, especially given the sharp increase in spending and dollars going towards e-discovery.
The default settings of software applications can impact your productivity and accuracy. Taking the time to address those that are annoying or counter-intuitive place the control for formatting your documents back in your hands.
As the courts are clarifying the new FRCP, good e-discovery specialists must diligently review the options, configurations and protocols of e-discovery products to ensure that the proper options are selected to match these new rules. One of the products available for ESI acquisition is Legal Access Ware PreDiscovery ('LAW').
This article discusses the business issues and challenges that are driving the need for lessors to reassess their IT strategy and approach. The focus of this discussion is on the factors management should consider as it examines the company's IT strategy for core leasing operations, <i>i.e.</i>, front-end and back-end systems.
The Ninth Circuit recently examined an antitrust issue with significant relevance to the equipment leasing industry. In <i>Newcal v. IKON Office Solution</i>, competitors of a copier equipment provider, IKON Office Solution, alleged that defendant IKON used 'fraudulent practices' to secure and lengthen its customer contracts, thus reducing the ability of competing copier equipment providers to contest for 'aftermarket' business.'
In 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.
This 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.
That 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.
This 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.
RPAPL ' 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.
