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Employee Departures and Data Loss
Recent litigation involving former-employee data loss--and discussion on what to do to avoid this litigation.
Book Digitization Ruling Shifts Transformative Use Analysis
Last month, the U.S. Court of Appeals for the Second Circuit ruled that use of the HathiTrust Digital Library for the purpose of search and accessibility each constitutes fair use.
Lawyers, Law Firms and Innovation
The important thing to note here is that decline need not mean extinction ' provided the industry changes. And changing it is.
Landlord & Tenant
Analysis of several major rulings.
Eighth Circuit Revives NFL Players' Pay Cap Lawsuit
The U.S. Court of Appeals for the Eighth Circuit has given the National Football League Players Association (NFLPA) an opening to revive its $3 billion lawsuit accusing league owners of colluding to place a secret salary cap on the 2010 season.
<i>Twombly</i> and <i>Iqbal</i> As Applied to Non-Fraud No-Injury Claims
This article explores the application by a number of courts of the <I>Twombly</I> and <I>Iqbal</I> standards to no-injury cases involving breach of warranty claims.
The Google Digital Footprint
Social networking sites have not only changed the way people interact and communicate, but also transformed the way business is done. And that includes the business of law.
Bit Parts
Management Company Gets Preliminary Injunction to Block Use of Artist Name It Created<br>New York Federal Judge Sees No Substantial Similarity Between Plaintiff's Rap Song and Usher's R&amp;B Song<br>Pennsylvania Federal Court Finds Songwriter Gave Usher Implied License
The Cold Call in 150 Seconds or Less
Joe Somebody wants to talk about his extranet solution and he is certain that if you will return this, his 17th call, you will be glad you did. How can you cope?
Professional Development: The New Operating Prowess Required of Today's Marketing Leaders
The creativity that law marketing professionals used especially in the area of marketing communications ' while remaining an invaluable characteristic ' has been usurped by the demand for stronger operational prowess.

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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