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Features

Reset Clauses In Ground Leases Image

Reset Clauses In Ground Leases

Peter E. Fisch & Mitchell L. Berg

The purpose behind rent reset clauses is simple — to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.

Features

A Look Behind, A Look Ahead: Part Two - E-Discovery Image

A Look Behind, A Look Ahead: Part Two - E-Discovery

Steve Salkin

Part Two of a Two-Part Article Cybersecurity Law & Strategy partnered with our ALM sibling Legaltech News to ask cybersecurity and e-discovery experts what they thought the key trends of 2019 and what they expect to see in 2020. Part Two looks at e-discovery.

Features

Flood and Terrorism Insurance Reauthorization: Safe for Now Image

Flood and Terrorism Insurance Reauthorization: Safe for Now

Jeffrey B. Steiner & Scott A. Weinberg

Federal programs have made insurance more readily accessible to protect real property in the event of a flood or an act of terrorism. These programs enable flood and terrorism insurance to be widely available at realistic price points by ensuring that the amount of the premiums payable for such insurance remain at a level that a borrower can afford, which in turn preserves the underwritten economics of the loan transaction.

Features

Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech Image

Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech

Steven M. Silverberg

A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.

Features

Case Study: Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive Image

Case Study: Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive

Stan Soocher

This article is Part One of a two-part article. Part Two will appear in our March 2020 issue. This article examines the Copyright Directive and music-industry structure issues through the lens of Sweden, which has both a robust music business and a strong technology sector, two divergent perspectives in the development of the directive.

Features

Biometrics and the Fifth Amendment: A New Frontier Image

Biometrics and the Fifth Amendment: A New Frontier

Jonathan S. Feld, Jason Ross & Amelia Marquis

When used for work, mobile devices routinely contain employers' proprietary and confidential data. The struggle between Government requests for access to such data and constitutional protections — including the Government's ability to compel the turnover of biometric "keys" to unlock mobile devices — create areas of concern.

Features

The Threat of Ransomware 2.0 for Law Practices Image

The Threat of Ransomware 2.0 for Law Practices

Gary Salman

During the past few months, there has been a significant paradigm shift in the cybersecurity world. Threat actors from Russia, in particular, have significantly enhanced their capabilities to target individual businesses and Managed Service Providers (MSPs) or IT companies. It is critical that lawyers, their firms and the companies they serve be aware of these threats and take the appropriate measures to proactively secure their own — and their clients' — sensitive and private information.

Features

Law Firms Adopt a Legal Operations Perspective Image

Law Firms Adopt a Legal Operations Perspective

Megan Miller

Law Firms Are Following the Lead of Their Corporate Clients In Implementing Legal Operations Methodologies Legal operations as a discipline within corporate legal departments is receiving more attention, funding and staffing over the last few years.

Features

More Regulation, Stronger Investigations and Home Tech Devices Concerns to Come in 2020, New Gibson Dunn Report Warns Image

More Regulation, Stronger Investigations and Home Tech Devices Concerns to Come in 2020, New Gibson Dunn Report Warns

Steve Salkin

On Data Privacy Day last month, Gibson Dunn released the eighth edition of its United States Cybersecurity and Data Privacy Outlook and Review. The report details trends that the privacy industry saw in 2019 from a legislative, regulatory and judicial perspective.

Columns & Departments

Landlord & Tenant Law

ssalkin

Out of Possession Landlord's Agreement With HUD To Maintain Premises Does Not Subject Landlord to Personal Injury Liability Out of Possession Landlord Liability for Injuries on Abutting Sidewalk Breach of Lease By Subsidiary Does Not Justify Piercing Corporate Veil Tenant Not Entitled to Preliminary Injunction Requiring Landlord to Co-Operate Landlord Must Maintain Elevator Service for Use By Single Tenant Tenant Not Relieved of Obligation to Pay Real Estate Taxes

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