<b><i>In the Spotlight:</i></b> Nuisance Liability in the Mixed-Use Context
November 02, 2015
The recent trend toward denser, more sustainable, and transit-oriented "mixed-use development" ' in which residential space is situated alongside and/or on top of retail, office and commercial space ' has the potential to improve urban quality of life greatly, but it also renews the potential for "nuisances," and consequently, for disputes over liability, compensation, and mitigation of the offending operations.
Business Crimes Hotline
November 02, 2015
Following a decade-long, multi-million dollar bribery scheme, and four years after he was first indicted, former chief financial officer of Siemens S.A. ' Argentina, Andres Truppel, pleaded guilty in a New York federal courtroom to one count of conspiracy to commit bribery, falsify corporate books and records, circumvent internal controls, and commit fraud.
Dispositive Questions Every Law Firm Should Ask of the Cloud
November 02, 2015
Cloud service providers (CSPs) offer myriad choices to law firms of all sizes who, in return, have become one of the fastest adopters of hosted cloud infrastructure worldwide. Nonetheless, asking the right questions is essential to learning cloud limitations, similarities, differentiators, caveats and benefits. From niche providers to the top five, not everything is as it seems when it comes to what is offered, how it's offered, and the up-front and hidden costs of each.
Four Keys to Litigation Technology Innovation in the Next Five Years
November 02, 2015
Electronic discovery is a complex business that requires continuous professional learning from litigation team members and ongoing innovation from technology solution providers. To help stimulate discussion and drive innovation, The Legal Innovation 2020 Working Group was formed at the beginning of 2015 in order to help legal-industry leaders identify the keys to success over the next five years.
The Uniform Premarital and Marital Agreements Act
November 02, 2015
Last month, in Part One of this article, the author described the genesis of the uniform acts ' UPMAA and UPAA ' and compared them with New York law. Part Two herein discusses other differences among the three statutes.
Second Circuit 'Affirms Fair Use
November 02, 2015
On Oct. 16, in <i>Authors Guild v. Google,</i> the Second Circuit affirmed a U.S. District judge's holding that Google's mass digitization of more than 20 million books from major university libraries in order to enable users of the Google Books website constitutes fair use.
Safe Harbor European Court Data Protection Ruling
November 02, 2015
On Oct. 6, the 'European Court of Justice gave a very important judgment about EU data protection law, where it ruled that the EU Safe Harbor regime is invalid, and National EU Member State data protection regulators have the power to investigate complaints about the adequacy of the level of protection of data transfers to the U.S. All U.S. business transferring personal data from the EU need to take note of this judgment.
Practice Tip: Identity Theft
November 02, 2015
Divorce is almost always a painful process for all involved. While your clients do their best to deal with emotional anguish, custody battles and legal complexities, they may also be leaving themselves particularly vulnerable to an unseen danger: Identity theft.
Reverse Break-up Fees in Strategic M&A Transactions
November 02, 2015
This article analyzes: 1) the pros and cons of an RTF tied to a breach by a buyer or the inability of a buyer to secure financing; 2) whether RTFs are truly enforceable by a target seller; and 3) what all this means in terms of target and buyer board members' fiduciary obligations.
Safe Harbor for Service Providers under the Anticybersquatting Act
November 02, 2015
GoDaddy.com has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, plaintiffs sought to hold a defendant liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. The principal reason for plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.
