The Changing Face of Incident Response
July 01, 2022
A good incident response program helps firms affected by a cyberattack identify potential damage to their reputation, their regulatory obligations for reporting and issuing notifications, and the potential for future litigation.
Cyber Insurance Experiencing Future Shock
July 01, 2022
Insurers who write cyber liability policies are well-equipped to manage cyber claims, but what about carriers and adjusters who face such claims under more traditional policies — also known as "Silent Cyber?" This article aims to help non-cyber risk adjusters who may have to oversee such a claim.
The Great Unbundling: Do Law Firms Need to Re-think Outsourcing Strategies?
July 01, 2022
Service "'bundling" provides economies of scale, lower overheads, a single point of contact and a single invoice at the end of each month. However, the bundling of services to create a single multi-service provider may now be hurting firms who are increasingly looking for specialization, especially with regards to onsite workplace experience services.
Applying 'Part Performance' In Practice
July 01, 2022
The doctrine of part performance can overcome the strictures of the Statute of Frauds when parties enter into unwritten business deals, or into written business deals with unwritten ancillary terms and they do not contemplate all of the possible circumstances that might arise in the course of their dealings.
What's the Difference Between a 'Customer' and a 'Client'?
July 01, 2022
a customer is someone who buys something from you once, while a client is someone who keeps coming back to you over and over again. And that subtle difference is what makes a lawyer just a lawyer and one who becomes a rainmaker.
Do COVID-19 Shutdown Orders Excuse Lease Guarantors?
July 01, 2022
Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.
Stipulation That Resolves Entire Amount Must Reflect Intent of Parties
July 01, 2022
The Ninth Circuit recently affirmed a lower courts' rulings that a stipulation between the IRS and a bankruptcy trustee, which allowed the IRS's priority tax claim, did not prevent the IRS from collecting nondischargeable tax debt above the agreed amount in that stipulation.
Questions Surround Expanded Government Authority to Seize Russian Assets
July 01, 2022
The purpose behind the Biden Administration's proposals to seize assets of Russian oligarchs is to punish a specific action by a state actor — Russia's invasion of Ukraine. The proposals, however, do not appear to be limited to this conduct alone and would outlast Russia's invasion. In times of war, it at least arguably may be appropriate to pass laws to expand the executive's authority to address specific hostile conduct. Such laws, however, should end with the conflict.
