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Mastering the Art of Self-Promotion
January 01, 2017
Hard work alone will not propel your career forward to its highest possible level; you are going to need to be savvy at the art of self-promotion. This includes going outside of your firm to get new clients and letting those inside your firm know about your accomplishments to propel you up the corporate ladder.
Forum Shopping for a Double Recovery: <i>Kranz v. Schuss</i>
January 01, 2017
It has long been axiomatic that a plaintiff may not recover twice in tort for the same injury. This directive makes intuitive sense. Although a number…
Best Practices in Data Security for Financial Institutions
January 01, 2017
The Federal Financial Institutions Examination Council (FFIEC) recently revised its Information Security Booklet. The changes bring the financial services industry closer to the goal of having a clearly defined set of cybersecurity and data protection protocols to ensure regulatory compliance.
Regulatory and Product Liability Practices: Siloed No More
January 01, 2017
In the field of product liability law, the silo phenomenon — in which different departments of an organization decline to share information with other departments of the same organization or field — is puzzling, since there have been several examples of situations where additional regulation has resulted in additional litigation.
The Power of Monitoring for Recovering Lost Revenue
January 01, 2017
Realization has hit an all-time low of 83%, plunging from 93% just a decade ago. Most firms are building pricing groups as the place to start addressing this pain. This is certainly a good starting point, but if your firm is pricing and not monitoring, you've actually got a problem.
Fallout from the 'Panama Papers'
January 01, 2017
Among the first things we learn as defense attorneys is to keep informed and alert about events that may spawn or affect actions taken by prosecutors. This article sets forth an example of how one stays sensitive to what may be happening in the closed venues of prosecutors' offices.
Are You Your Tenant's Keeper?<br><font size="-1"><b><i>Maintaining BFP Status in the Face of PACA Liens</b></i></font>
January 01, 2017
In September 2016, a national title company invoked the Perishable Agricultural Commodities Act (PACA) when it raised an exception on a title commitment for the sale of real property upon which a grocery store was a tenant. The title company asked the owner to execute an affidavit and indemnity in the title company's favor with regard to any PACA liens incurred by the tenant. This new exception has elicited a fair amount of confusion as to why an 86-year-old statute would suddenly present a cloud on title.
The Scope of the Equitable Subrogation Doctrine
January 01, 2017
Recently, the Second Department faced three claims of equitable subrogation over a two-week period and in two of those cases, indicated that the doctrine would not be applicable if the junior mortgagee advanced funds to satisfy a senior mortgage with knowledge of an interest whose priority was inferior to that senior mortgage.
AI and the Law: The Paradigm Shift Hits the Fan
January 01, 2017
In its astonishing "Free the Law" project, Harvard has teamed up with a California start-up called Ravel Law to digitize every state, federal, territorial and tribal judicial decision since colonial times by feeding over 40 million pages physically cut from the books shelved in the Harvard Law Library into a high-speed digital scanner.
Mission Impossible? Addressing WARN Act Liability in Liquidating Mid-Market Cases
January 01, 2017
this issue of WARN Act liability giving rise to significant administrative or priority claim risk is unique to bankruptcy.However, assuming that, for other reasons, a bankruptcy case is the best path for your client, what can you do to mitigate the risk?

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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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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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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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