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Settling COVID-19-Related Commercial Lease Disputes
December 01, 2020
This article examines how shutdown actions might be approached and resolved by settlement by applying a series of contract performance doctrines that inevitably arise during these types of situations.
SCOTUS Set to Address Circuit Split in Interpreting CFAA
December 01, 2020
The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of "or exceed[ing] authorized access" is not so clear.
Tenth Circuit Ruling May Impact Treatment of Student Loans In Bankruptcy
December 01, 2020
A recent ruling in the U. S. Court of Appeals for the Tenth Circuit represents a significant departure from the generalized belief that student loan debts cannot be discharged in bankruptcy, and which, if followed by other circuit courts, could have a dramatic impact on bankruptcy law.
Marketing Tech: When COVID Came, Law Firms Delivered Important Messages in Perilous Times
December 01, 2020
Determining what to say to whom, and when to say it, was anything but obvious to law firm leaders and marketing departments at the start of the pandemic. But nine months in, some clear strategies have emerged for successfully navigating external communications when the future is uncertain and the stakes are high.
Co-ops & Condominiums
December 01, 2020
RPAPL 881 License Granted to Enter Neighboring Condominium Unit Allocation of Common Expenses Upheld Condominium Owners Have Right to Vote On Matters Involving Homeowners Association Appointment of Receiver Upheld
Real Property Law
December 01, 2020
Possibility of Reverter Enforced Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default
Media and Communications: Cision State of the Media Report Provides Better Pitching Tips
December 01, 2020
Cisions recent State of the Media Report included some useful insight and guidance for PR professionals when dealing with the media, including ways to build positive relationships with journalists and best practices for pitching.
Hot Legal Litigation Topics for Advertisers and Marketers in 2020
December 01, 2020
The COVID-19 pandemic pushed brands headlong into e-commerce. Certain advertising and marketing practices led to litigation in 2020. Brands and their legal counsel should target these hot topics for legal vetting and risk mitigation as we move forward into 2021.
Biden Administration May Bring Uptick In White-Collar Work
December 01, 2020
With a change in priorities, and issues such as health care, climate and another stimulus package potentially on the agenda for President-elect Joe Biden, white-collar defense lawyers anticipate an uptick in enforcement work.
Bankruptcy Courts Embracing Virtual ADR
December 01, 2020
Bankruptcy courts are embracing virtual alternative dispute resolution (ADR) processes to handle cases during this extraordinary period. Engaging in online mediation, and arbitration, can expedite Chapter 11 cases toward an equitable conclusion for the parties involved, while ensuring everyone can practice safe social-distancing.

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    During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
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    What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
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  • Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
    The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
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