Technology for Meaningful Legal Collaboration
February 28, 2015
Current discussions of electronic discovery and legal technology often focus on strategies for managing large volumes of data as it is funneled through different phases of the EDRM. Yet an important part of the discovery process ' case analysis and legal strategy ' has been a niche left unaddressed by traditional technologies.
How to Obtain Social Media Data For Defending Lawsuits
February 28, 2015
Obtaining social media user content under most circumstances is extremely difficult ' unless you use the correct strategy. Simply sending discovery requests without a basic understanding of the information available is a fool's errand. It is pivotal that a practitioner who wants to conduct formal discovery of social media user content understand how each site stores and communicates its data.
Creditors' Rights in Chapter 11: Use Them or Lose Them
February 28, 2015
The old adage "use it or lose it" applies at every stage of a Chapter 11 case.Nowhere is this seemingly harsh ' but essential ' reality more evident than in the ongoing saga of a group of three holders of gift cards, totaling $225.00 in value, issued by the now-defunct Borders bookstore chain.
Data Security Breaches
February 28, 2015
In April 2014, the U.S. District Court for the District of New Jersey decided that the FTC could pursue a claim that a hotel company's failure to have adequate data security measures is an unfair trade practice. The agency believes that data security is a basic responsibility of any company that accepts consumer personal information.
Rent Acceleration Clauses in New York
February 28, 2015
When is a rent acceleration clause in a commercial lease enforceable? The Court of Appeals recently addressed that question and gave an answer that is unlikely to be helpful to anyone but litigators: The court, however, provided little guidance about when a rent acceleration clause would constitute a penalty.
Disputes over Noise Levels from Live Performances
February 28, 2015
Noise complaints have long been an occupational hazard for venue operators, musicians and concert promoters. The surge in the electronic dance music scene has added to the number of complaints. What might be enjoyable entertainment to one person may sound like a thunderous racket to another.
In the Courts
February 28, 2015
In-depth analysis of two major rulings.
Problematic Lease Provisions: The Top Three Offenders
February 28, 2015
Although every commercial lease is unique, there are three provisions that often create the most problems for landlords and tenants: self-help repossession provisions, restrictive covenants, and repair provisions. This article discusses those provisions.
New York's Insurance Notice Statute and Contractual Choice of Law
February 28, 2015
Two recent decisions have held that despite an express choice-of-law clause selecting New York law to apply to an insurance policy, a policyholder is not entitled to the protection of New York's statute requiring an insurance company to show prejudice before coverage is forfeited on the grounds of late notice, unless the policy was also issued or delivered in New York. This article provides an analysis.
