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Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things Image

Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things

Michael Bahar, Frank Nolan & Trevor Satnick

<b><i>Companies Impacted By California's SB-327 — Especially Manufacturers and Distributors of IoT Devices — Should Work to Ensure Compliance With the Act As Soon As Possible If Regulatory Fallout Is to Be Avoided Come January 2020</b></i><p>While a great deal of attention has focused on the California Consumer Privacy Act, California also passed a less-publicized, but highly critical, statute that will regulate certain aspects of Internet of Things device security.

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Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees Image

Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees

Steven M. Silverberg & Katherine Zalantis

In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.

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How Will the Music Modernization Act's Mechanical Licensing Collective Work? Image

How Will the Music Modernization Act's Mechanical Licensing Collective Work?

Chris Castle

This article focuses on managing change for clients affected by the MMA's government-mandated mechanical licensing collective. In my view, far from putting songwriters on a trajectory away from the government regulation that has oppressed them for generations, the collective imposes an entirely new bureaucracy with potentially significant costs that are not readily apparent.

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IP Provisions in 'New NAFTA' Agreement Image

IP Provisions in 'New NAFTA' Agreement

Lawrence E. Ashery

With Canada's agreement, the stage was set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.Among the provisions of note for the entertainment industry, copyright will receive a boost from the USMCA.

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Due Diligence in Distressed Community Hospitals Image

Due Diligence in Distressed Community Hospitals

Deborah Williamson, Mark Andrews & Richard Y. Cheng

Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.

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The Gold Rush of NJ Cannabis Leasing: Avoiding a Few Traps for the Unwary Image

The Gold Rush of NJ Cannabis Leasing: Avoiding a Few Traps for the Unwary

Brad A. Molotsky

In this ever-evolving space, where 30 states have permitted medical cannabis and nine states have permitted adult-use cannabis, there are many issues that come into play in a lease tailored to cannabis dispensing or grow facilities. This article sensitizes the reader to the notion that these types of leases are not “business as usual,” and that they have their own nuances.

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Computing Rent Overcharges in Light of Roberts Image

Computing Rent Overcharges in Light of Roberts

Stewart E. Sterk

In Roberts v. Tishman Speyer Props, L.P., the Court of Appeals established that a landlord receiving J-51 benefits could not avail itself of the benefits of luxury deregulation.

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Why Do Cybersecurity Programs Fail? Image

Why Do Cybersecurity Programs Fail?

Chris Moschovitis

It seems this should be a key question for everyone in business, government, technology, and cybersecurity: If we know the problem with cybersecurity, and have ways of methods of addressing the problem, why are we still failing?

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Supreme Court Forecloses Reimbursement for Certain Internal Investigations Under Mandatory Victims Restitution Act Image

Supreme Court Forecloses Reimbursement for Certain Internal Investigations Under Mandatory Victims Restitution Act

Marjorie Peerce & Mary K. Treanor

In Lagos v. United States, the U.S. Supreme Court ruled that corporate victims of criminal offenses cannot recover expenses incurred from internal investigations that the federal government has neither requested nor required under the Mandatory Victims Restitution Act of 1996,

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The PTAB's New Claim Construction Standard: Will the Real Impact Please Stand Up Image

The PTAB's New Claim Construction Standard: Will the Real Impact Please Stand Up

Justin Oliver

Beginning on Nov. 13, 2018, the USPTO will cease to apply the broadest reasonable interpretation (BRI) standard for newly-filed IPR, PGR, and CBM trials under the America Invents Act (AIA). Instead, the USPTO will begin "using the same claim construction standard that would be used to construe the claim in a civil action …."

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