Features
Biometric Law Litigation Expands Beyond Social Media
Social media has played an oversized role in lawsuits under state and local biometric privacy laws. Now, a New York City law that took effect in July is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments.
Columns & Departments
Bit Parts
N.Y. Federal Court Rules State's Anti-SLAPP Statute Doesn't Apply in Federal Court Lawsuits
Features
Emojis and E-Discovery
Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases.
Features
How Will Courts Determine Business Expense Legitimacy Under SEC's New Disgorgement Authority?
Answering that question will force defendants facing SEC enforcement actions to focus on demonstrating the legitimacy of expenses in developing their litigation strategies.
Columns & Departments
Real Property Law
Exclusion for Zoning Regulations Bars Title Insurance Claim Transfer of Residential Properties Not a Fraudulent Transfer Property Owner on Constructive Notice of City's Relocation Lien Fraudulent Transfer Finding Upheld
Features
Second Circuit Expands Federal Class Actions for Mortgagors
The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.
Features
Abbreviated Name Makes UCC Financing Statement Defective
In In re Bryant, the U.S. Bankruptcy Court for the Middle District of Georgia determined that a lender's UCC-1 financing statements were "seriously misleading" under the Georgia Commercial Code because the financing statements identified the individual debtor with his middle name abbreviated.
Features
Mutual Legal Assistance Treaties Are Best Option for International Subpoenas
One provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.
Columns & Departments
Co-ops and Condominiums
Summary Judgment Premature on Discrimination Claim Defect In Recording Insufficient to Defeat Mortgage Priority
Features
Sixth Circuit: Section 363 Sale Not 'Free and Clear' of Creditor's Claims
Buyers generally assume that the multi-page "free and clear" order, which typically follows the sale hearing, will insulate them from any of the seller's current (and often) future liabilities. However, that is not always the case.
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