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.
Development
May 01, 2019
Nonconforming Use Not Discontinued<br>Developer's Rico, Estoppel, and Equal Protection Claims Dismissed<br>Denial of Area Variance Overturned
Real Property Law
May 01, 2019
Affirmative Covenant Enforceable Against Successor Developer<br>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<br>Failure of Consideration a Defense In Action Against Tenant's Guarantor
