A Broadening Consensus to Narrow Asset Forfeiture
September 02, 2017
When Attorney General Jeff Sessions announced in July that the federal government planned to again emphasize the pursuit of civil asset forfeitures, an issue moved to the front burner for health care providers and their advisers: If the federal (or state) government decides to pursue a case against a care provider or medical practice, it can seize the alleged culprit's property, even before conviction.
The Uses of Prior Conduct in Copyright Cases
September 02, 2017
<b><i>The Lessons of History</b></i><p>In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation.
The Interminable 'Insured vs. Insured' Battle
September 02, 2017
<b><i>A New Obstacle to D&O Recoveries for Creditors</i></b><p>No matter how meritorious a claim may be, its ultimate value to creditors depends upon one thing — whether there is a viable source to satisfy any judgment obtained, since many D&Os do not have sufficient personal assets to satisfy any significant damages that may be awarded.
Financing and Leasing Technology Is a Strategic Advantage
September 02, 2017
Law firms may want to leverage a specific law firm management technology to gain a competitive advantage in the marketplace, but might not want to purchase those tools outright. How are you equipping your firm to succeed both in the present day and into the future?
Key Points for Drafting Signage Clauses
September 02, 2017
<b><I>Protecting a Tenant's Right To Be Seen</I></b><p>When negotiating a lease on behalf of a commercial tenant, an attorney should be mindful of both the legal and business aspects of the transaction. While all tenants seek quiet enjoyment, it is important to recognize that perhaps equally central are vehicular visibility and foot traffic.
Understanding NY's Economic Loss Rule
September 02, 2017
New York's Economic Loss Rule is purportedly a simple common law principle. However, its evolution and application have proven to be quite the opposite. It can significantly minimize exposure in many cases, and in some instances result in the complete dismissal of a claim.
Cybersecurity Regulation of Financial Services Firms
September 02, 2017
Financial services firms and their management should keep a close eye on developing cybersecurity regulations, so as to be better prepared to proactively address the shifting regulatory landscape as it continues to evolve.
NY's Paid Family Leave Program
September 02, 2017
<b><I>What Employers Need to Know</I></b><p>Effective Jan. 1, 2018, New York State will have its own "Paid Family Leave Benefits Law." Since the payroll deductions supporting the Law began July 1, 2017, it is not too early to begin reviewing your employer obligations.
