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Data Security Breaches
February 28, 2015
In April 2014, the U.S. District Court for the District of New Jersey decided that the FTC could pursue a claim that a hotel company's failure to have adequate data security measures is an unfair trade practice. The agency believes that data security is a basic responsibility of any company that accepts consumer personal information.
Rent Acceleration Clauses in New York
February 28, 2015
When is a rent acceleration clause in a commercial lease enforceable? The Court of Appeals recently addressed that question and gave an answer that is unlikely to be helpful to anyone but litigators: The court, however, provided little guidance about when a rent acceleration clause would constitute a penalty.
NJ Federal Judge Upholds $7.3 Mil. Award for Lady Gaga Talent Scout
February 28, 2015
The producer credited with launching Lady Gaga's career lost his bid to trim the $7.3 million he was ordered to pay a talent scout for introducing him to the singer.
Disputes over Noise Levels from Live Performances
February 28, 2015
Noise complaints have long been an occupational hazard for venue operators, musicians and concert promoters. The surge in the electronic dance music scene has added to the number of complaints. What might be enjoyable entertainment to one person may sound like a thunderous racket to another.
In the Courts
February 28, 2015
In-depth analysis of two major rulings.
Problematic Lease Provisions: The Top Three Offenders
February 28, 2015
Although every commercial lease is unique, there are three provisions that often create the most problems for landlords and tenants: self-help repossession provisions, restrictive covenants, and repair provisions. This article discusses those provisions.
New York's Insurance Notice Statute and Contractual Choice of Law
February 28, 2015
Two recent decisions have held that despite an express choice-of-law clause selecting New York law to apply to an insurance policy, a policyholder is not entitled to the protection of New York's statute requiring an insurance company to show prejudice before coverage is forfeited on the grounds of late notice, unless the policy was also issued or delivered in New York. This article provides an analysis.
In the Marketplace
February 28, 2015
The latest news from the industry.
Brokerage Windows in Retirement Plans
February 28, 2015
A discussion of recent developments surrounding what has become an increasingly controversial topic regarding the investment of Section 401(k) plans and other participant-direct retirement plans.
How to Change Law Firms at 60
February 28, 2015
Last year the readerI turned 60, and left the fine law firm that had been his home for 33 years, joining another fine firm in July. Here's how he did it.

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