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Extra-Judicial Evictions of Commercial Tenants During COVID-19
January 01, 2021
This article addresses and updates the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.
MARKETING TECH: Leveraging Data to Drive Innovation in A Post-Pandemic (We Hope) World
January 01, 2021
With a new year and fresh outlook for the future, the time is ripe for legal technologists and innovators to take the delivery of legal services and client experience to the next level. One key is recognizing that successful innovation — be it turning best practices into standard operating procedures, or reinventing the law firm business model altogether — is equal parts mindset, method and message.
Is Accountant Malpractice Compensation Taxable?
January 01, 2021
If a taxpayer suffers a loss by reason of errors made by a tax advisor, and the tax advisor makes a payment to compensate the taxpayer for the loss. May the payment be excluded from the taxpayer's income subject to tax?
2020 Provides Roadmap for Success in 2021
January 01, 2021
If commercial real estate is going to have a successful 2021, it will require the ability to seek out unexpected advantages.
A Look at the EU's Latest Proposal for Regulating Online Content
January 01, 2021
The DSA is intended to reset the rules around online content moderation and to reframe the responsibility of platforms for illegal content uploaded to their websites.
Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading
January 01, 2021
The holding in Blaszczak significantly widens the scope of criminal insider trading. It also creates the anomaly of extending the criminal law beyond the SEC's civil enforcement authority.
IP News
January 01, 2021
Federal Circuit: Post-Employment Assignment Clause Void Under California Law Federal Circuit No New Trial for Improper "Pennies on the Dollar" Rhetoric
Fair Use Applied to Embedded Photograph
January 01, 2021
The extremely flexible character of social media has required equal flexibility in courts' intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.
'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?
January 01, 2021
As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.
The Open Window to Your World: Smartphone Security in the Age of COVID
December 01, 2020
Industry developments this year add concern over connected devices and information tracking. New Smartphones include an app for COVID exposures, which can lead to privacy issues.

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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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