Features
Proactive Trust Planning to Protect Your Clients
Planning for trusts has evolved substantially over the years. "Modern" trusts are more comprehensive, flexible and protective than those that were more typically completed only a few short years ago. Understanding the characteristics of modern trust drafting is critical to achieving better protection for clients.
Features
Facebook Threats Case to Get S. Ct. Review
The U.S. Supreme Court will soon be grappling with classic First Amendment principles in the modern-day social-media context of a case involving threatening posts on Facebook.
Features
Concealed Carry Issues in Commercial Leasing
Last year, Illinois became the 50th ' and last ' state in the Union to enact a law that authorizes its citizens to carry concealed firearms. Amid a landscape of wildly divergent opinions on the subject, concealed carry is now the law of the land, in some shape or form.
Features
Limiting Internet Medical Malpractice Liability
Medical practices use the Internet for posting physicians' biographical information, linking websites featuring medical information and hosting medical question-and-answer blogs, among others. However, even this type of interaction with a health-care provider can lead to a medical malpractice lawsuit.
Regulatory Matters Abound
American companies dealt with more regulatory and investigation matters in 2013 than in 2012, and the volume of labor and employment litigation matters outpaced contracts. Norton Rose Fulbright's 10th Annual Litigation Trends Survey revealed a notable gap between them.
Features
Information Governance
The Judicial Conference Advisory Committee on the Civil Rules has proposed another round of Rules amendments. If enacted, the resulting package of amendments could affect most aspects of federal discovery practice and possibly decrease eDiscovery burdens and costs for courts, clients, and counsel alike.
Changes to Music Copyright Licensing
Rep. Jerrold Nadler (D-NY) is drafting comprehensive music copyright reform legislation, saying last month that such a bill would be the best way to address the problems he sees with the licensing system for songs.
Features
Patent Litigation Fee-Shifting
In April, the Supreme Court reshaped the patent litigation landscape with two rulings, which serve as a warning to patent litigants to carefully consider their strategy before initiating continuing litigation under some circumstances.
Columns & Departments
Med Mal News
A look at recent rulings of interest.
Features
Losing Customer Data Means Losing Customers, Period
Becoming the next Target can be toxic for companies, particularly those in the finance, health-care and retail sectors, which usually collect and store customers' personally identifiable information (PII).
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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 ›