Negotiating Relocation Rights
May 01, 2019
Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.
IP Theft Goes Far Beyond the Huawei Scandal: How to Stay Safe
May 01, 2019
IP theft is not limited to kingpins of business. Even if your organization has never appeared in the headlines, you cannot rest easy that no one is interested in acquiring your know-how. In fact, analysis the results of our survey for the 2018 Netwrix IT Risks Report reveals that small and medium organizations are actually more vulnerable to IP theft and cyber espionage than enterprises.
Data Security Ethics and Best Practices for Court Reporters
May 01, 2019
The issue of digital security and privacy should be a paramount concern to modern court reporters just as it is to their attorney clients. Yet their biggest risk remains the same as everyone else's: believing it won't happen to them.
The Eyes (and Privacy Laws) of Texas Are Upon You
May 01, 2019
<b><i>Consistent With the Cliché That “Everything's Bigger In Texas,” the Texas Legislature Has Introduced Not One, But Two Separate Bills Relating to the Privacy of Personal Information</b></i><p>The TPPA is arguably the less onerous of the two bills, although you might not necessarily realize it at first blush, given the broad way it defines “personal identifying information” (PII).
Safeguarding Client Data: An Attorney's Duty to Provide 'Reasonable' Security
May 01, 2019
Effective cybersecurity requires an ongoing, risk-based, comprehensive process that addresses people, policies and procedures, and technology, including training. Effective security also requires an understanding that security is everyone's responsibility and constant security awareness by all users of technology.
New York's Cyber Regulation Two Years Later: We've Only Just Begun
May 01, 2019
<b><i>The Conclusion of the “Transitional Period” for New York's Cybersecurity Regulation Marks the Beginning, Rather Than the End, of an Organization's Compliance Efforts</b></i><p> Financial institutions will have to certify annually that their internal controls and cybersecurity practices remain up to snuff. And now that the transitional periods for implementing the cyber regulation have passed, covered institutions will need to certify that they have complied with each provision.
Covenants That Run with the Land Can Be Waived
May 01, 2019
Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
