Features
Significant UK Court Ruling on Data Protection Liability
The UK's Court of Appeal gave a very important judgment earlier this year in the so-called Vidal-Hall case concerning Google's Internet behavior tracking through a browser. The court found that: first, misuse of private information is now classified as a tort; and, second, financial compensation for distress caused by breaches of the Data Protection Act 1998 may now be claimed, despite there being no monetary loss.
Features
Peering Into Copyright Office's Report on Orphan Works
What happens when a party wants to use a photograph, image, writing or other work that may be subject to copyright protection, but cannot identify or locate the original author to secure permission? The dilemma these "orphan works" poses was the subject of a recent 106-page report by the U.S. Copyright Office. The report has left the creative world abuzz and, in many cases, aghast at the implications of proposed legislation some believe would effectively overhaul the U.S. Copyright Act.
Columns & Departments
Verdicts
Is the MCARE Act applicable to expert testimony when a nurse, not a physician, is a defendant? A Pennsylvania court says no.
Columns & Departments
Bit Parts
Attorney Fees Award to Victor Willis in Song Termination-Rights Litigation<br>New York Federal Court Supports Descendibility of Lanham Act False Endorsement Claims
Features
<b><i>In the Spotlight:</i></b> Winter Storm Perils
Weather conditions create many issues that need to be addressed. Make sure these issues are included in your lease, and that you are fully insured.
Features
<b><i>Ptaszsynski v. Atlantic Health Sys</i></b>.
The New Jersey Appellate Division's opinion in <I>Ptaszynski v. Atlantic Health Sys. Inc.</I> will impact not only New Jersey nursing home litigation, but also that state's medical malpractice litigation in general. Here's why.
Columns & Departments
Drug & Device News
Suits involving Risperdal and Cymbalta are discussed.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2015, including amendments to Delaware's corporation and LLC laws. It also looks at some recent cases of interest, including two decisions from Delaware's Chancery Court.
Features
Law Firm Profile: 'Law Firm with a View'
A look at Summit, and what it has achieved.
Features
New York City Adult-Use Zoning Held Unconstitutional
Litigation over New York City's adult use zoning regulations has been ongoing since the city's first effort ' in 1995 ' to use its zoning power to restrict adult uses. In the latest chapter in the long-running saga, the First Department, has declared unconstitutional the city's most recent amendments of its adult-use regulations.
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- 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 ›