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FTC's <i>Wyndham</i> Ruling Raises Data Security and Privacy Issues for Franchisors
In a ruling delivered April 7, a federal judge in New Jersey handed the Federal Trade Commission (FTC) a resounding victory in the first round of an ongoing court battle regarding its authority as the primary regulator of issues related to consumer data security and privacy in the United States.
Proactive Trust Planning to Protect Your Clients
The IRS and the Obama administration have taken a less-than-favorable view of some modern trust-planning techniques. Practitioners need to be aware of these risks so that they can encourage clients to act quickly when advisable.
Longer Medical Leave?
It's a mistaken assumption that if an employee has exhausted all his or her time under the Family and Medical Leave Act, he or she is not entitled to additional leave under the Americans with Disabilities Act.
The State of U.S. Cybersecurity: Not So Good
Every day brings new national headlines about a cyberattack, an alarming trend. The latest iteration of an annual report shows that these growing concerns have not necessarily translated into developing and deploying the proper defensive capabilities.
Practice Tip: Why Plan Administrators Reject QDROs
If there are many reasons that proposed QDROs are rejected, what are a few of the more common ones, and how can they be avoided? This Practice Tip provides some answers.
Analyzing Child Custody Reports
This is the second installment of a four-part series offering a model for attorneys to use when faced with the task of deconstructing a forensic custody assessment.
Managing Credit During and After Divorce
If your clients aren't careful to attend to their finances, they could wind up in a major credit hole with no easy way out. Here's how to help them.
Causes of Action over Property Insurance Coverage
Rarely do lawyers have the benefit of a decision that is a primer on permissible causes of action arising from property insurance coverage disputes.<I>Kings Infiniti v. Zurich American Ins.</I> is one of those decisions.
Proposed Class in Hulu Privacy Suit Needs Objective Data
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.
The Transgender Child
A look at gender dysphoria in "a growing cohort of children who, at ages as young as three or four, announce they do not accept ' the gender assigned to them at birth."

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    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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