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Legal Tech: Will the U.S. Become a Haven for International Discovery Under Section 1782?
April 01, 2020
Second and Eleventh Circuit rulings are likely to expand refuge to discovery in the U.S., even for international litigation and arbitrations that don't ordinarily include discovery rights.
Selling in Times of Uncertainty
March 26, 2020
The natural instinct during times of chaos is to move into a place of scarcity. The single best gift you can offer clients is courage and confidence about the path forward.
Force Majeure and the Doctrine of Impossibility
March 26, 2020
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the "force majeure" provision.
Sales Speak: Selling in Times of Uncertainty
March 20, 2020
The natural instinct during times of chaos is to move into a place of scarcity. The single best gift you can offer clients is courage and confidence about the path forward.
Coronavirus Work-from-Home Response A Boon for Cybercriminal Exploitation
March 01, 2020
Here are some of the key issues of which law firms and companies need to be aware and steps that should be considered to minimize the risk to keep everyone — and client data — safe.
Litigators and Privacy: The Last People You Want to See, or the First?
March 01, 2020
In their consideration of possible worst-case cyber attack scenarios, organizations often focus on the various types of attacks and their relative severity. But, the worst-case scenario is not the breach, it's the reputational damage, regulatory enforcement action, the business interruption, and the inevitable litigation that follows a poorly handled breach from an unprepared organization. Given this reality, it is important to adjust planning assumptions and response scenarios to focus on addressing these drivers of post-breach exposure.
Neighbor Standing to Challenge SEQRA Determinations
March 01, 2020
When does an immediately adjacent neighbor have standing to challenge a SEQRA determination? In Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals, the Court of Appeals made it clear that adjacent neighbors have presumptive standing to challenge zoning determinations.
Key Provisions in Film Location Agreements
March 01, 2020
Property owners granting production companies access to their properties seems like a no-brainer — who wouldn't want their property featured in that next big blockbuster movie or hit television series? However, when filming occurs on private property, a location agreement is a must, from the perspectives of both the production company and the property owner.
Assignment and Consent Standards in Commercial Leases
March 01, 2020
Assignment provisions in commercial leases are heavily negotiated and very important to both landlords and tenants. This article presents a brief overview of the assignment provision in commercial leases, both office and retail.
Client Maximization: Doing Well by Doing the Right Things
March 01, 2020
Making the most of your firm's client base need not be a costly undertaking. There are several steps a firm of any size can undertake to improve client experiences, while also ultimately increasing the firm's chances of thriving.

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    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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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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