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Features

COVID-19 and Working Remotely: Embracing the Changes and the Challenges in a Pandemic Image

COVID-19 and Working Remotely: Embracing the Changes and the Challenges in a Pandemic

ljnstaff

Experts share their experience and insight around workplace trends and the value of technology tools to drive productivity and engagement in a roundtable discussion.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Alleged Title Defect Did Not Excuse Failure to Close Statute of Limitations Bars Foreclosure Claim Statute of Limitations Did Not Extinguish Mortgage

Features

Weighing the Benefits: How Much Weight Will Your Survey Have in Court? Image

Weighing the Benefits: How Much Weight Will Your Survey Have in Court?

Rene Befurt, Marie Warchol & Anthony Nasr

As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey's results are dependable and useful.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

DGA's "Qualification List" Isn't a "Labor Organization" Under Georgia Law Unlicensed Use of Van Halen Photo in Conjunction With Museum Exhibit Ruled Fair Use

Features

Legal Tech: The Intersection of E-Discovery and Cybersecurity: You've Come a Long Way, Baby Image

Legal Tech: The Intersection of E-Discovery and Cybersecurity: You've Come a Long Way, Baby

Kenya Parrish-Dixon & Joe Schatz

Data is an asset and a liability. It fits into both accounting columns and will not fail to be used against a corporate entity if not secured properly. Databases contain trade secrets, personally identifiable information, HIPAA-protected health care information, proprietary information and classified data. As the size of databases grew and the importance of data became more evident, one thing became apparent: the information stored in those repositories had to be kept secure.

Features

Accounting for the Coronavirus Image

Accounting for the Coronavirus

John Drum & Melissa Rutzen

This article examines challenges facing accountants due to economic and financial stress increasing at the same time that oversight may be relaxing, provides insight into the question of whether we should expect a rise in accounting manipulations, and concludes with comments on mitigating hindsight bias.

Features

Will Pandemic Lead to More SARE Filings? Image

Will Pandemic Lead to More SARE Filings?

Lidia Dinkova

Single-asset real estate bankruptcies (SAREs) are streamlined reorganizations for debt taken out by borrowers on just one property, giving them a three-month window to propose a restructuring plan.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

ssalkin

Shareholder Did Not Breach Proprietary Lease

Features

The Bankruptcy Code's Anti-Discrimination Section and COVID-19 Image

The Bankruptcy Code's Anti-Discrimination Section and COVID-19

Andrew C. Kassner & Joseph N. Argentina Jr.

The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.

Columns & Departments

IP News Image

IP News

Howard Shire & Shaleen Patel

Federal Circuit: Faulty Claim Construction Does Not End Patentability Determination Federal Circuit: Notice to Market Bio Product Not Negated By New Applications

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MOST POPULAR STORIES

  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    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.
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  • The Flight to Quality and Workplace Experience
    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.
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  • AI or Not To AI: Observations from Legalweek NY 2023
    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.
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  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    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.
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