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Federal Class Action Available for Delay In Recording Mortgage Satisfaction
September 01, 2021
Because the Second Circuit held that a bare violation of New York's Mortgage-Satisfaction-Recording Statutes without a demonstration of actual injury conferred federal jurisdiction, a mortgagor now has the ability to bring a class action in federal court.
How to Cut IT Costs and Streamline Operations with Leasing
September 01, 2021
While analysts predict firms will still see savings from expense cuts in 2021, these savings won't be as dramatic as in 2020 and, moreover, recommend that firms should use profit gains to invest in long-term strategies for growth — like technology.
Looking At NCAA Allowing Student Athletes to Profit from Publicity Rights
September 01, 2021
Amidst pressure from sweeping legislation across the country, and still reeling from a major loss at U.S. Supreme Court, the NCAA suspended all rules prohibiting student athletes from profiting off their name, image and likeness.
How to Cut IT Costs with Leasing
September 01, 2021
While analysts predict firms will still see savings from expense cuts in 2021, these savings won't be as dramatic as in 2020 and, moreover, recommend that firms should use profit gains in 2020 and 2021 to invest in long-term strategies for growth — like technology.
Strategy vs. Tactics: Two Sides of a Difficult Coin
September 01, 2021
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks now target the critical infrastructure of the most powerful country on the planet.
Federal Circuit Provides Guidance on IP Case Transfer Motions
September 01, 2021
In the past year, the Federal Circuit has repeatedly required the U.S. District Court for the Western District of Texas to transfer patent infringement suits from that district to more convenient venues, and in doing so it has provided increasingly specific — and often pointed — guidance to courts and litigants on the appropriate analysis for transfer motions.
How Gamification Leads to Meaningful Workplace DEI Changes
September 01, 2021
Because gamification is frequently misunderstood, people often diminish it in conversations about diversity, equity and inclusion. An examination of gamification as a whole, however, shows how it lends itself to addressing serious issues.
Landlord & Tenant Law
September 01, 2021
Tenant Did Not Establish Fraud to Warrant Application of DHCR's Default Formula Four-Year Lookback Rule Applied to Rent Determinations But Not to Determination of Rent-Stabilized Status Tenant's Impossibility and Frustration of Purpose Defenses Rejected Tenant's Frustration of Purpose Claim Survives Neutral Appraiser Entitled to Examine Previous Appraisals
Say it Ain't So! Tortious Interference with a Sublease By a Master Landlord
September 01, 2021
A South Carolina appellate court recently affirmed a trial court's decision that a landlord had tortiously interfered with a sublease by terminating the master lease after a fire damaged the subject building and such landlord was liable to the subtenant for punitive damages.
Authority to File Chapter 11: A Matter of Contract or Public Policy?
September 01, 2021
If you think public policy favoring the freedom to file a Chapter 11 trumps the freedom to negotiate specific restrictions to such a filing, think again.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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