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NJ & CT News
A look at what's happening in neighboring states.
Mobile Devices and Applications that Matter to Attorneys
Since the introduction of the Blackberry in the late '90s, mobile computing has been making communication easier for attorneys and their clients. While initial technologies were limited in their capabilities, much has changed in the past 15 years and today's mobile technologies have become a no-compromise solution for attorneys on the go.
Bank Fraud Defined
The U.S. Supreme Court recently held that the provision of the federal bank fraud statute which makes it a crime to "knowingly execut[e] a scheme ' to obtain" property owned by, or under the custody of, a bank "by means of false or fraudulent pretenses," does not require the government to prove that a defendant intended to defraud a bank into paying him or her money.
Third Circuit Rules For Viacom in Suit Over Compensation For Top Executives
Viacom gave more than $100 million in bonuses and incentive pay to three of the media company's top executives ' Chairman Sumner Redstone, President/CEO Philippe Dauman, and COO Thomas Dooley ' between 2008 and 2011. Typically, corporate taxpayers are able to deduct executive compensation over $1 million if approved by the board and a majority of shareholders.
News Brief
Franchisee Claims Dunkin' Donuts Seeks Illegal Seizure of His Stores
Five Steps to Social Media Authentication
These five steps should be sufficient to authenticate social media and website content in any matter.
Peer-to-Peer Networks
Peer-to-peer e-commerce platforms seem to be popping up almost daily, touching nearly every vertical ripe for disruption, or at least providing just a little grease for the wheel. So what does that have to do with commercial leasing?
Hulu Privacy Class Action Can Move Forward
With eye-popping damages at stake, a federal magistrate refused to allow consumer plaintiffs to move forward as a class with claims that Hulu violated their privacy by sharing the videos they viewed.
You Know About <i>Fisker</i>
TRUE or FALSE: Lienholder buys a distressed loan from original lender. Lienholder acts appropriately and reasonably at all times and lien is valid and perfected. Lienholder has an increased risk of having its credit bid limited or capped because of <I>In re Fisker Automotive Holdings, Inc.</I>
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?

MOST POPULAR STORIES

  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
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  • The Flight to Quality and Workplace Experience
    That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
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  • AI or Not To AI: Observations from Legalweek NY 2023
    This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
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  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
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