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  • This article reviews a recent case, D2 Mark LLC v. OREI VI Investments LLC, to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.

    August 01, 2020Jeffrey B. Steiner and Scott A. Weinberg
  • Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures that will inevitably result from current factors. 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 through the enforcement of the "continuous operations provision" found in mall leases.

    August 01, 2020Danielle C. Lesser
  • For the past six years, the E-Discovery Unfiltered report to identify pricing patterns and preferences in electronic discovery, highlight projected investments in the sector, gauge the impact of the cloud, track shifting preferences in outsourcing and remote review, understand vendor selection criteria, and focus on the need for international ediscovery, among other trends.

    August 01, 2020Ari Kaplan
  • COVID-19 Contact Tracing v. Protecting Personal Privacy As states roll back stay-at-home orders, contact tracing has quickly emerged as an essential tool to manage the spread of the coronavirus and allow the country to return to work safely. But innovative contact tracing methods raise a host of privacy concerns, forcing a reckoning with how we balance privacy and public health.

    August 01, 2020Scott Pink and John Dermody
  • Alleged Title Defect Did Not Excuse Failure to Close Statute of Limitations Bars Foreclosure Claim Statute of Limitations Did Not Extinguish Mortgage

    August 01, 2020ssalkin
  • 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.

    August 01, 2020Rene Befurt, Marie Warchol and Anthony Nasr
  • 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

    August 01, 2020Stan Soocher
  • 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.

    August 01, 2020Kenya Parrish-Dixon and Joe Schatz