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New York's Cyber Regulation Two Years Later: We've Only Just Begun

May 01, 2019

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 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.

Legal Tech: The 2019 EDRM TAR Guidelines — Recognizing the Evolving Role of the Subject Matter Expert

May 01, 2019

After reading the new Technology Assisted Review (TAR) Guidelines from EDRM, it is clear that the evolution of the underlying technology in TAR solutions is reshaping the role of the subject matter expert (SME).

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.

Eminent Domain Law

May 01, 2019

No Consequential Damages When State Takes Neighbor's Land

Development

May 01, 2019

Nonconforming Use Not Discontinued Developer's Rico, Estoppel, and Equal Protection Claims Dismissed Denial of Area Variance Overturned

Real Property Law

May 01, 2019

Affirmative Covenant Enforceable Against Successor Developer Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable

Landlord & Tenant

May 01, 2019

Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed Failure of Consideration a Defense In Action Against Tenant's Guarantor

Cooperatives and Condominiums

May 01, 2019

Sponsors Not Entitled to Indemnification for Faulty Construction

5 Ways to Optimize the Attorney-Marketing Relationship

May 01, 2019

With an increase in partner laterals, the advent of increasingly sophisticated procurement teams, greater transparency into pricing models, and more law firm mergers every year, the dynamics have certainly shifted. Attorneys can no longer simply wait for their phones to ring and to expect million-dollar books of business by executing and providing superb client service. That ship has sailed, and client expectations have been raised across the board.

A Practitioner's Guide to Key Provisions In Film Director Agreements

May 01, 2019

Film remains a director's medium, considering that the director will always give shape and vision to the writer's words.

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Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines
Although pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.
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Cooperatives & Condominiums
Expert analysis of a recent key case.
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Navigating the SEC's Marketing Rule: Compliance Challenges and Legal Insights
The Securities and Exchange Commission (SEC) has underscored the critical importance of Marketing Rule compliance through a series of recent enforcement actions and risk alerts. This article delves into the challenges that investment advisers must navigate when marketing their services. It also explores how legal counsel and compliance consultants can effectively support their clients in adhering to both the explicit requirements and nuanced aspects of the Marketing Rule.
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Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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In Pari Delicto: The Seventh Circuit Gives New Life to Evil Zombies
A recent decision is critically important to bankruptcy lawyers, particularly those who prosecute and defend causes of action brought by bankruptcy estates and their representatives.
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