Features
Loss for QVC on Internet Crawling Case
In an opinion that has defined a section of the Computer Fraud and Abuse Act (CFAA), a law that has been clouded by decades of amendments, a federal judge in Philadelphia has ruled in favor of an Internet startup company and against retail giant QVC.
Business Crimes Hotline
Do corporations have souls? A look at a pivotal case recently decided in Delaware.
Arguments Heard in 'Happy Birthday' Copyright Fight
In a court battle involving the song "Happy Birthday to You," a federal judge was set to decide whether Los Angeles-based music publisher Warner/Chappell has unlawfully been collecting licensing fees for the song's copyright.
Features
<b><i> Media & Communications:</i></b> Communicating Effectively to Both Genders
What you say isn't as important as what is heard. And each gender hears things differently!
Franchisee Class Cleans Up in Federal Court
Nearly 250 people who run franchises for the cleaning company Jani-King last month got certification to bring a class action suit against the company for misclassifying them as independent contractors in Pennsylvania.
What Makes Text Messages Not Hearsay?
In <i>Commonwealth v. Koch,</i> the Pennsylvania Supreme Court gave us a present in the form of an affirmance of a Superior Court panel decision that reversed the trial court's denial of the exclusion of text messages on the grounds that they were hearsay. Because the affirmance was the result of a six-justice court being evenly divided at 3-3, none of the opinions is controlling. Nevertheless, they provide insight into the issues arising from the attempt.
Structuring Your 'Event/Food Service' Occupancy Agreement to Service Mixed-use Tenants
There is an opportunity to enhance mixed-use projects by developing "event space" to accommodate these needs. Several options are available to structure an occupancy arrangement for these events. This article briefly discusses some of the options available, and items you may want to include in your transaction.
Columns & Departments
Development
In-depth analysis of two key rulings.
Features
Title Insurance and Common Endorsements
This article provides a brief description of the architecture of a standard title insurance policy along with the risks that are covered and not covered.
Recent NLRB Actions
Over the last few years, the NLRB has dramatically expanded employee rights to engage in "protected concerted activity" by limiting employers' use of many standard employment policies and practices. Now, the NLRB is implementing sweeping changes to the decades-old representation election process, making it faster and easier for unions to organize the workplace.
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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 ›