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The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation
March 01, 2022
While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.
Second Circuit Narrows Borrower's Ability to Pursue Class Damages In Federal Court for Failure to Timely Record Mortgage Satisfactions
March 01, 2022
The decision in Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.
Do a Lateral's Clients Move With Them?
March 01, 2022
There is no way to guarantee a lateral's clients will make the move to a new firm. But a series of questions can examine the quality of these relationships and the likelihood that the client will move with the lateral candidate.
Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines
March 01, 2022
This installment of our appellate series reviews recent cases addressing the district courts' review of interlocutory bankruptcy court orders and the enforceability of appellate deadlines. As we have shown with other case law governing appeals, real obstacles confront practitioners appealing from bankruptcy court rulings.
Building AI and Machine Learning Technologies: Data Licensing Tips and Traps
March 01, 2022
Data is the fuel for software development, and developers use historical data from existing products to train algorithms and build AI models. Companies may be well aware of privacy and regulatory restrictions on data use, but often do not consider the potential impact of data use restrictions on intellectual property ownership and use rights.
Players on the Move
March 01, 2022
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Examining the SEC's Rulemaking Process
March 01, 2022
SEC Chair Gary Gensler's agenda raises important questions of both substance and process, including the technical, but very important, matter of SEC rulemaking: What is required for the Commission to create new rules, or change well-established rules? The answers to these questions, in turn, may determine what can realistically be accomplished given timing and political constraints.
Law Firm Profits Soared In 2021, Despite Increased Expenses
March 01, 2022
Strong demand growth led to a war for talent, but it was also a major driver of the industry average double-digit revenue growth seen in 2021.
Short-Term Leases Can Create Value Uncertainty
March 01, 2022
When executives aren't sure what normal will look like in where employees work, they can't tell how much office space they need. While some sectors of commercial real estate are stable in terms of tenants, others are a question. That's leading to some pushing for shorter-term leases — ironically, both by tenants and some owners — as well as headaches for underwriting as the predictability of tenancy is up in the air.
Corporate Resiliency Revisited: Ensure Financial Health Ahead of an Economic Downturn
March 01, 2022
now is a critical time for companies to reassess their business and finances if they have not already, so that they can be prepared for the future. Proper planning is key to ensuring a company's financial health when facing an economic downturn.

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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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