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The Meaning of the 'War Exclusion Clauses' In Cyberinsurance
October 01, 2022
The Eastern European conflict is already adding stress to already strained domestic relationships in the U.S. — between businesses and cyber insurance companies. As businesses face more cyberthreats than ever before, many are seeing higher premiums. Meanwhile, insurance companies are looking for ways to skirt coverage obligations that end up proving far too expensive
Legal Tech: Duty to Preserve ESI of Hybrid-Driven Collaborative Tools
October 01, 2022
With heightened ease of use and convenience comes a duty for businesses and organizations to employ best practices regarding their responsibilities in maintaining the electronically stored information (ESI) that these applications create.
The Guaranty Law Only Guarantees A Broken Contract
October 01, 2022
A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City. The bill that has attracted perhaps the most attention is known as the "Guaranty Law."
Real Property Law
October 01, 2022
Historic District Designation Not Covered By Title Insurance Liquidated Damages Provision Not an Unenforceable Penalty
Landlord & Tenant Law
October 01, 2022
Unsigned Lease Agreement Not Binding Requirement That Tenants Speak English Supports Fair Housing Act Claim Nonpayment During Pandemic Not Excused By Lease's Casualty Clause Tenant's Diligent Efforts to Convert Property Satisfied Lease Obligation
Development
October 01, 2022
No Automatic Entitlement to Special Permit Adverse Impact on Burial Sites Justified Variance Denial Area Variance Denial Upheld Special Permit Grant Reinstated
Co-ops and Condominiums
October 01, 2022
Nonprofit Has Standing to Challenge Condominium's Alleged Violation of Fair Housing Act
EQ Exercises Help Lawyers Optimize Their Leadership and Business Development Potential
October 01, 2022
The role of emotional intelligence, also known as EQ, Emotional Quotient, is critical to the success of lawyers who are leaders in their firms. But what, exactly, is EQ?
Recession Proofing Your Law Firm
October 01, 2022
Whatever term the economists use to describe the slowing pace of commerce, the real question is: how do you protect your law firm's revenue stream when economic pressures are causing current and prospective clients to tighten their budgets?
How to Solve the Information Governance Groundhog Day Syndrome
October 01, 2022
Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let's take a closer look.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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