When Can a Landlord's Consent to Assignment be Reasonably Withheld?
October 01, 2018
Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord's consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.
'Cause We Are Living in a Digital World …
October 01, 2018
As with traditional branding, a digital brand is simply the perception individuals have of a business or organization online. Digital branding is a brand management technique that uses a combination of Internet branding and digital marketing to develop a brand over a range of digital venues, including Internet-based relationships, device-based applications and media. The objective is to establish and build trust with potential clients, especially while they are in the decision phase of the selection process.
Fair Use, First Sale and Marilyn Monroe
October 01, 2018
Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?
Outsourcing the Back Office?
October 01, 2018
Outsourcing is supposed to be the new wave of the future that will fundamentally change the way that law firms provide services to their clients and partners. But is this so?
Defusing the UST Tax Bomb
October 01, 2018
<b><i>How Lenders and Debtors can Minimize UST Fees and Maximize Creditor Recoveries</b></i><p>As predicted in the first part of this article (May, 2018), the new United States Trustee (UST) fee has had a disproportionate effect on middle-market, high-velocity cash flow companies. The best solution is for Congress to revisit the fee structure and refine it to reflect the realities of particular cases and the actual burden on the UST.
Law Firm Leaderships' Biggest Challenge: Equality of Outcome
October 01, 2018
<b><i>Aggressive Poaching In the Market Is Forcing Leadership to Contend With the Delicate Balance of Equality, Culture and Compensation In their Firms</b></i><p>Many leaders are no longer focused just on business development but are also trying to figure out how to continue making money and structure their firms in a way that allows them to spend the requisite money to pay top talent.
Warner Media Implements New Inclusion Policy
October 01, 2018
It seems fitting that a new movie that highlights racism and inequity in the American prison system is the first Hollywood production to apply a policy aimed at increasing diversity and inclusion both in front of and behind the camera.
Real Property Law
October 01, 2018
Neighborhood Garden Users May Establish Adverse Possession Claim<br>Purchaser Entitled to Return of Down Payment Upon Revocation of Mortgage Commitment After Expiration of Contingency Period<br>Law Firm Not Liable to Non-Client for Turnover of Escrow Funds<br>Law Firm Not Exempt From Claim Under RPL 265-B<br>Presumption of Due Execution Rebutted<br>Title Insurance Regulation Annulled
