Features

'Competitive Intelligence:' Leveraging CI for Successful Business Development
<b><i>Sometimes You Don't Know What You Don't Know</b></i><p>Over the last decade, the definition of competitive intelligence has evolved to be about all of the data and information I have access to that helps to isolate and leverage my firm's competitive advantage and close the deal on business development opportunities. The more data available to analyze, the better informed your decisions and strategies will be going forward.
Columns & Departments
Development
Developer Had No Vested Right to Subdivision<br>TDR Provision Not Adequately Referred to County Planning Board
Features

The Seizure of Attorney-Client Communications: Fighting Back
The government's seizure of attorney-client communications, a headline event when it involves the President's lawyer Michael Cohen, actually is a recurrent problem in white collar criminal investigations due to the convergence of several trends.
Features

Online Extra: Just How Far Will the Supreme Court's 'Carpenter' Opinion Reverberate?
The ruling restricting the collection of historical cell site location information (CSLI) without a warrant aims to be narrow in scope, but legal experts argue it may have repercussions for years to come.
Features

Chapter 11 Plan Proponents: Getting Service Right
This article reviews the detailed service basics of Rule 3017 of the Federal Rules of Bankruptcy Procedure and relevant portions of Rule 2002. In addition, it provides some tips on how to save time and money when executing service.
Features

A Legal Primer for Making Indie Movies
While thousands of films are made each year in the United States and Canada, less than 800 were theatrically released in 2017, with many exceptional films failing to obtain commercial distribution because of legal issues.
Features

Legal Tech: Warning Signs of Subpar Tech Support
Your firm has identified an exciting new technology and done its due diligence. And then, you find yourself in the worst possible scenario: It turns out that the provider's technical support stinks. Here are some potential red flags that will help you evaluate a provider's technical support before you sign on the dotted line.
Features

'Professional Development:' Those Were the Days: Lessons from Silicon Valley's Marketing Culture
There were elements of the corporate culture in the early Dot-com years that helped shape my perspective on the critical role marketing could (and should) play in driving tangible and bottom-line business results. Those shaping influences, when applied to law firms, can help us legal marketers realize even greater returns for our internal and external clients.
Features

General Data Protection Regulation: Defense or Offense?
Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
Columns & Departments
Landlord & Tenant
Vacancy Increase Counts in Determining Rent Deregulation Threshold<br>LINC Program Violates Urstadt Law<br>Fraud Justifies Rent Overcharge Award<br>Fair Housing Act Claim Not Barred By Statute of Limitations
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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 ›