Cyber Risk Assessments are a Critical Component of All Cybersecurity Programs
April 01, 2018
Many companies remain overwhelmed by the prospect of developing a cybersecurity program. Too many still see cyber crime as an IT issue, and simply defer to that department. Cybersecurity is most definitely an information security issue and it must be treated as such. Failure to recognize this concept almost ensures a weak cybersecurity program that remains highly vulnerable to breaches.
As It Turns Out, <i>Yellowstone</i> Waivers Are Enforceable
April 01, 2018
Four years ago, we explored whether a commercial tenant could waive its common law right to seek a <i>Yellowstone</i> Injunction. At that time, there was no appellate authority directly on point. This all changed on Jan. 31, 2018, when the Appellate Division, Second Department ruled in <i>159 MP Corp., v Redbridge Bedford, LLC</i> that the “commercial tenants' voluntary and limited waiver of declaratory judgment remedies in their written lease is valid and enforceable, and not violative of New York's public policy …”
DOL's New Rules on ERISA Claims Procedure for Disability Benefits
April 01, 2018
The Department of Labor (DOL) issued regulations that revise the ERISA claims procedure regulations for employee benefit plans that provide disability benefits. The scope of the new regulations are broader than you may realize and apply to any plan, regardless of how it is characterized, that provides benefits or rights that are contingent on whether the plan determines an individual to be disabled.
The Ripple Effect of Rejecting Trademark Licenses
April 01, 2018
<b><i>The First Circuit Widens the Controversy</b></i><p>In <i>In re Tempnology</i>, the First Circuit held that the debtor's rejection of a trademark license strips the nondebtor licensee of any right to continue to use the trademarks. In so doing, the court takes the same approach as the Fourth Circuit and rejects the approaches advocated by the Third and Seventh Circuits.
Real Property Law
April 01, 2018
No Tacking of Adverse Possession Claims<br>Issues of Fact Preclude Injunction Requiring Removal of Encroachments<br>Statute of Limitations Bars Foreclosure Claim<br>Permission Bars Prescriptive Easement Claim
The Struggle to Keep Up With Data Privacy Regulations
April 01, 2018
Data privacy is one of the most important issues facing corporations, and amidst the challenges of protecting customer data, the regulatory landscape that oversees it is shifting on an almost daily basis. With changes occurring at such a rapid pace across all corners of the globe, it's not surprising that organizations are increasingly finding themselves inadequately prepared to deal with these regulations.
Hiring Practices and the FCPA
April 01, 2018
While laws such as the FCPA do not necessarily prohibit hiring individuals with criminal records or bad credit records or who are former government officials, they do require employers to identify these individuals and assess whether their hire would pose a threat, violate the laws outright or impose an administratively difficult burden due to the need to monitor their activities.
A Reasonable Royalty Rate Must Be Tied to Facts
April 01, 2018
<b><i>Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC</b></i><p>The rate of the reasonable royalty awarded to a successful patent plaintiff must be based on the facts of the case. A damages expert cannot merely pay lip service to the <i>Georgia-Pacific</i> factors and then “pluck” a royalty rate from thin air.
Meet the Lawyer Working on Inclusion Rider Language
April 01, 2018
At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
The Death of the Law Firm Partnership Vote?
April 01, 2018
<b><i>With an Eye on Efficiency, Firms Are Ditching Old Methods for a More Corporate Form of Governance</b></i><p>A growing number of firms in the United States and the United Kingdom are eschewing historical partnership norms in favor of more centralized management, and with that comes fewer and fewer partnership votes.
