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Why Analytics Can Be Risky in the Wrong Hands
February 01, 2021
Having the most expensive or advanced tool in the toolbox doesn't matter if you don't know how to use it, and if you're not using those tools properly, there are risks everywhere.
Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World, Part Two
February 01, 2021
Part Two of a two-part article While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing "quarantine streams," in which they livestream their sets on social media platforms. Given this sudden pivot to livestreaming over social media, unsurprisingly many questions have arisen.
Automated License Plate Recognition and Privacy
February 01, 2021
Just what is automated license plate recognition technology, and do you really have a reasonable expectation of privacy in a number emblazoned on the front of your Ford or the back of your Buick?
Can Terms of Service Agreements Allow Companies to Skirt Consumer Protection Laws?
February 01, 2021
Most users do not have the time or inclination to read through dozens of pages of legalese before reviewing the morning's tweets, and if millions of users are agreeing to these terms, how bad can they be?
ROSS Intelligence Claims Thomson Reuters Uses 'Tying Scheme' to Thwart Westlaw Competition
February 01, 2021
ROSS Intelligence is alleging that Thomson Reuters uses anticompetitive behavior to maintain Westlaw's dominance in the legal research space, according to a complaint filed in late January.
Open Space and the Conundrum of High Stakes Zoning Disputes
February 01, 2021
The New York Court of Appeals' recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as "open space."
NY Court of Appeals Rules on Damages Clauses In Commercial Leases
February 01, 2021
In The Trustees of Columbia University in the City of New York v. D'Agostino Supermarkets, the NY Court of Appeals split on the issue of whether the relevant damages clause in a commercial lease was unenforceable as a matter of law because it was so grossly disproportionate to the ascertainable amount due upon full performance.
The Small Business Reorganization Act: How It Started. How it's Going. Where to Next?
February 01, 2021
This article provides a brief overview of the SBRA and these first several months of its use — especially in light of the COVID-19 pandemic — concluding that in 2021, Congress should permanently adopt the CARES Act's expanded definition of a "small business debtor" as including businesses with up to $7.5 million in aggregate non-contingent liquidated debts.
Challenges for Real Estate Lenders When Borrowers Default
February 01, 2021
During periods of distress in the real estate industry, if a lender is not going to enter into a consensual workout or loan restructuring with their defaulted borrower, the lender will be presented with the choice of either enforcing rights under its loan documents or marketing and selling the distressed loan.
Law Firms Renegotiating Leases to Reflect 'New Normal'
February 01, 2021
As their commercial leases approach expiration and renewal, law firms are renegotiating the future of in-office legal work. For many, the "new normal" will feature an efficient floor plan that deemphasizes personal offices while paradoxically accommodating a growing attorney headcount.

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