Social Media Scene: Creating a Blogging Strategy When Blogging Isn't Your Business
Chances are that if you have started marketing yourself online, then you have a blog (or were told to have a blog). Here is what you need to know.
Columns & Departments
Case Notes
Discussion of two major rulings.
Features
Commercial Alternative Lending
An impressive amount of attention and money have been foisted upon the relatively nascent alternative finance market. Is it good or bad?
Immigration Status
To provide clarity to employers as to permissible questions that may be posed to prospective employees, the authors list the most common questions that corporate clients ask ' and provide recommendations.
Features
Supreme Court Preserves Fraud-On-the-Market Presumption in Securities Fraud Litigation
The U.S. Supreme Court recently issued its long-awaited decision in <I>Halliburton v. Erica P. John Fund, Inc.</I>, and the result was very much in line with the forecasts of those who predicted a kind of split decision.
Features
The Scope and Limits of Article 9
A discussion of the three major categories of personal property liens excluded from Article 9, in whole or in part.
If You're Not on Facebook, You're Committing Malpractice
Imagine you're cross-examining a witness about a phone call, but you've never used a telephone before. Ridiculous, right? But is it any different than wading into a new client matter where social media communications are at issue without having ever used social media?
Features
Insurance Coverage Disputes over Data Breaches
Each day, businesses become progressively more dependent on computers and the Internet to gather, store and protect information. But, as sophisticated as this technology may be, it has also proven to be susceptible to breaches, which have time and again resulted in the unauthorized access of confidential information.
Employee Departures and Data Loss
There are numerous ways to lose or fail to identify employee electronically stored information that could reasonably be relevant to litigation or a subpoena, and it seems that new sources appear regularly.
Features
Surviving the Medical Malpractice Claim
When a doctor or other health care provider learns that he or she is the subject of a medical malpractice suit, one of the first things the defendant will want to do is find the most top-flight legal representation possible. But how can the physician know which defense attorney is the right one for the case?
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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 ›