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Is Your Data Breach Response Plan Good Enough? Stress Test It
As the chances of a data breach incident increase, savvy businesses have invested time and thought in a response plan. But plans never survive first contact with the enemy. Stress test your incident response plan to find and resolve its weaknesses while time is on your side.
Most Firms Feel Assured in Cybersecurity Abilities, But Is That False Confidence?
Law firms are increasingly confident in their cybersecurity capabilities, despite many falling short of adequate breach response preparation.
Mastering the Art of Self-Promotion
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>
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
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
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
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'
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>
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
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.

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  • 'Customary Operations' or A Vacant Building?
    Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • The Availability of Self-Help Evictions to Commercial Landlords
    A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
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