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Among the first things we learn as defense attorneys is to keep informed and alert about events that may spawn or affect actions taken by prosecutors. This article sets forth an example of how one stays sensitive to what may be happening in the closed venues of prosecutors' offices.
Features
In September 2016, a national title company invoked the Perishable Agricultural Commodities Act (PACA) when it raised an exception on a title commitment for the sale of real property upon which a grocery store was a tenant. The title company asked the owner to execute an affidavit and indemnity in the title company's favor with regard to any PACA liens incurred by the tenant. This new exception has elicited a fair amount of confusion as to why an 86-year-old statute would suddenly present a cloud on title.
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Recently, the Second Department faced three claims of equitable subrogation over a two-week period and in two of those cases, indicated that the doctrine would not be applicable if the junior mortgagee advanced funds to satisfy a senior mortgage with knowledge of an interest whose priority was inferior to that senior mortgage.
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In its astonishing "Free the Law" project, Harvard has teamed up with a California start-up called Ravel Law to digitize every state, federal, territorial and tribal judicial decision since colonial times by feeding over 40 million pages physically cut from the books shelved in the Harvard Law Library into a high-speed digital scanner.
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this issue of WARN Act liability giving rise to significant administrative or priority claim risk is unique to bankruptcy.However, assuming that, for other reasons, a bankruptcy case is the best path for your client, what can you do to mitigate the risk?
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A start-up that provides a technology that filters movies for profanity, violence and other objectionable content has vowed to take a copyright battle against Hollywood all the way to the U.S. Supreme Court after a federal judge granted an injunction blocking its service.
Features
Data security in the financial and legal industries is a tale of two sectors. While the financial industry is heavily regulated and constantly watched by federal agencies, law has at times operated in an almost laissez-faire environment, more ruled by a culture of confidentiality and secrecy than hard regulatory rules.
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When the Supreme Court last year agreed to hear the defendant's appeal in <i>United States v. Salman,</i> it raised expectations in some quarters that it might significantly change insider trading law by curtailing liability for trading on tips from family members. But when it issued its opinion in December, it disappointed those expectations by unanimously reaffirming liability for trading on family tips, even where the tipper receives no monetary gain.
Features
Well-known restaurant chain, P.F. Chang's China Bistro, recently sustained a significant hit to its cyberinsurance coverage. The federal court's opinion in the case serves as a lesson to policyholders regarding cyberinsurance in a rapidly evolving market. Due diligence is the name of the game when placing such insurance in order to understand the scope of coverage.
Features
One major medical malpractice suit can financially ruin an unprepared physician, hospital or medical practice. Since doctors, hospitals and other health care professionals risk lawsuits, they obviously need insurance to cover this contingency. Medical professionals, known for a thorough, methodical and scientific orientation, should have exacting protocols when shopping for medical malpractice insurance.<p><b><i>Part One of a Two-Part Article</b></i>