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FEDERAL PUBLIC CORRUPTION PROSECUTIONS Federal Public Corruption Prosecutions This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions. THE CAA’S IMPACT ON HEALTH AND WELFARE PLANS The CAA’s Impact on Health and Welfare Plans In addition to funding the government and further COVID-19 relief, the recently signed Consolidated Appropriations Act (CAA) included significant provisions impacting health benefit coverage. MAINTAINING ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill' The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not EXPECTATION OF PRIVACY IN SURVEILLANCE CAMERAS Recently the Pennsylvania Supreme Court held that audio interceptions did not violate the rights of the defendant under the Wiretap Act and so were admissible. The Supreme Court drew a proper and logical conclusion from the facts and the law and hopefully brought us closer to a reasonable look at the issue but we still have a long way to go. MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits THE 'SOPHISTICATED INSURED' DEFENSE A majority of courts consider the icontra proferentemi doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers. WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
FEDERAL PUBLIC CORRUPTION PROSECUTIONS Federal Public Corruption Prosecutions This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions. THE CAA’S IMPACT ON HEALTH AND WELFARE PLANS The CAA’s Impact on Health and Welfare Plans In addition to funding the government and further COVID-19 relief, the recently signed Consolidated Appropriations Act (CAA) included significant provisions impacting health benefit coverage. MAINTAINING ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill' The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not EXPECTATION OF PRIVACY IN SURVEILLANCE CAMERAS Recently the Pennsylvania Supreme Court held that audio interceptions did not violate the rights of the defendant under the Wiretap Act and so were admissible. The Supreme Court drew a proper and logical conclusion from the facts and the law and hopefully brought us closer to a reasonable look at the issue but we still have a long way to go. MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits THE 'SOPHISTICATED INSURED' DEFENSE A majority of courts consider the icontra proferentemi doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers. THE CAA’S IMPACT ON HEALTH AND WELFARE PLANS The CAA’s Impact on Health and Welfare Plans In addition to funding the government and further COVID-19 relief, the recently signed Consolidated Appropriations Act (CAA) included significant provisions impacting health benefit coverage. PROFESSIONAL DEVELOPMENT: HOW TO BE AN ALLY IN THE LEGAL Professional Development: How to Be An Ally In the Legal Profession. Last year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or amindset.
THE WORLD OF NFTS
NFTs have been all the rage in the world. Mike Winkelmann, a digital artist known professionally as Beeple, sold a collage of his digital images for a record-breaking $69 million. GOVERNMENT POLICIES COULD BE CONCERN FOR COMMERCIAL REAL Government Policies Could Be Concern for Commercial Real Estate Lenders Significant concerns aren’t necessarily issues caused by real estate lending, borrowing or underwriting. MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests SUPREME COURT LEAVES AS MANY QUESTIONS AS IT ANSWERS IN On April 5, 2021, the U.S. Supreme Court ended a copyright case that left as many questions as it gave answers, in Google LLC v. Oracle America, Inc ., 141 S.Ct. 1183 (2021). In a lengthy decision, the Court cleared Google of copyright infringement in terminating a 16-year long dispute as to whether Google’s Android mobile platformhad
WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant. IN NEW YORK: RECOVERY OF ACCELERATED RENTS FROM A In New York: Recovery of Accelerated Rents from a Commercial Lease Guarantor With an effective rent-acceleration clause and good-guy guaranty, there is a little-used legal procedure that could allow the landlord to quickly pursue the guarantor for lost back and future rents: a motion for summary judgment in lieu of complaint. WHEN AFFIRMATIVE DEFENSES FAIL, GUARANTORS MAY PREVAIL ON Third--party guaranties and commercial leases are distinct legal instruments. Although the two are often executed simultaneously and it is not unusual for a single person to sign a lease in her corporate capacity and a guaranty for that same lease in her personal capacity each document creates its own set of obligations as between a different set of contracting parties. WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
COVID-19 FORCING FIRMS TO KEEP WORK IN-HOUSE COVID-19 Forcing Firms to Keep Work In-House Legal departments have been reducing outside counsel spending amid the COVID-19 pandemic and keeping more work in-house, where the demand for specialists and legal operations managers continues to grow, according to a new report. MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
ROLE AND RESPONSIBILITIES OF PRACTICE GROUP LEADERS Role and Responsibilities of Practice Group Leaders Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork. THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection THE 'SOPHISTICATED INSURED' DEFENSE A majority of courts consider the icontra proferentemi doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers. REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits REPRESENTATIONS AND WARRANTIES BY LANDLORDS IN LEASE When negotiating a Lease for a commercial real property a tenant may request that the landlord make numerous representations. Accordingly it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords tenants and their counsel in the preparation and negotiation of those provisions. WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
COVID-19 FORCING FIRMS TO KEEP WORK IN-HOUSE COVID-19 Forcing Firms to Keep Work In-House Legal departments have been reducing outside counsel spending amid the COVID-19 pandemic and keeping more work in-house, where the demand for specialists and legal operations managers continues to grow, according to a new report. MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
ROLE AND RESPONSIBILITIES OF PRACTICE GROUP LEADERS Role and Responsibilities of Practice Group Leaders Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork. THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection THE 'SOPHISTICATED INSURED' DEFENSE A majority of courts consider the icontra proferentemi doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers. REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits REPRESENTATIONS AND WARRANTIES BY LANDLORDS IN LEASE When negotiating a Lease for a commercial real property a tenant may request that the landlord make numerous representations. Accordingly it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords tenants and their counsel in the preparation and negotiation of those provisions. FEDERAL PUBLIC CORRUPTION PROSECUTIONS Federal Public Corruption Prosecutions This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions. MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests COVID-19 FORCING FIRMS TO KEEP WORK IN-HOUSE COVID-19 Forcing Firms to Keep Work In-House Legal departments have been reducing outside counsel spending amid the COVID-19 pandemic and keeping more work in-house, where the demand for specialists and legal operations managers continues to grow, according to a new report. THE ‘RIGHT TO CONTROL’ WIRE FRAUD THEORY SHOULD BE The ‘Right to Control’ Wire Fraud Theory Should Be Eliminated In recent decades, federal fraud prosecutions have relied on the theory that a defendant can fraudulently deprive a victim of the intangible “right to control” its assets, even if the victim is not deprived of any tangible money or property. 'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant. REGINA METROPOLITAN: WHAT PRACTITIONERS NEED TO KNOW On April 2, 2020, the Court of Appeals, by a 4-3 margin, issued a lengthy and groundbreaking decision in Regina Metro Co. v New York State Div. of Hous.& Community Renewal.The decision collectively decided four rent overcharge cases arising from Roberts v Tishman Speyer Props., L.P., 13 NY3d 270 (2009), wherein the Court of Appeals had ruled that luxury deregulation was unavailable in LANDLORDS' LIENS AND WAIVERS Landlords' Liens and Waivers The landlord's lien may be created either by contract under the terms of the lease or through operation of law, and allows the landlord to levy the property located at the demised premises of a tenant who has failed to pay rent. EASY AS FMV: MODERN FAIR MARKET VALUE RENEWAL METHODS Easy As FMV: Modern Fair Market Value Renewal Methods This article discusses the competing interests and criteria of landlords and tenants in defining fair market value, explores various mechanisms used for resolving disputes over fair market rental rates, and concludes with proposed language that represents a healthy compromisefor both sides.
WHEN AFFIRMATIVE DEFENSES FAIL, GUARANTORS MAY PREVAIL ON Third--party guaranties and commercial leases are distinct legal instruments. Although the two are often executed simultaneously and it is not unusual for a single person to sign a lease in her corporate capacity and a guaranty for that same lease in her personal capacity each document creates its own set of obligations as between a different set of contracting parties. BRILLHART ABSTENTION: WILL YOUR DECLARATORY JUDGMENT Experienced insurance coverage lawyers know that choice of forum frequently affects choice of law and choice of law is frequently outcome determinative. Coverage disputes therefore often result in a rush to the courthouse by both policyholders and insurers as they select the forum. One way insurers initiate litigation is to file a declaratory judgment action usually in federal court. LAW JOURNAL NEWSLETTERS Commercial Leasing Law & Strategy. Risks of “Baseball Arbitration” in Resolving Real Estate Disputes “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player’s representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side PROFESSIONAL DEVELOPMENT: HOW TO BE AN ALLY IN THE LEGAL Professional Development: How to Be An Ally In the Legal Profession. Last year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or amindset.
THE WORLD OF NFTS
NFTs have been all the rage in the world. Mike Winkelmann, a digital artist known professionally as Beeple, sold a collage of his digital images for a record-breaking $69 million. WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
FRAUDULENT TRANSFER CLAIMS IN CLAW BACK LITIGATION Fraudulent Transfer Claims In Claw Back Litigation This article focuses on the basics of fraudulent transfer claims and solvency analysis in the context of lawsuits where a plaintiff is seeking to recover payments made prior to the bankruptcy case being commenced, sometimes referred to WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits LAW JOURNAL NEWSLETTERS Commercial Leasing Law & Strategy. Risks of “Baseball Arbitration” in Resolving Real Estate Disputes “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player’s representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side PROFESSIONAL DEVELOPMENT: HOW TO BE AN ALLY IN THE LEGAL Professional Development: How to Be An Ally In the Legal Profession. Last year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or amindset.
THE WORLD OF NFTS
NFTs have been all the rage in the world. Mike Winkelmann, a digital artist known professionally as Beeple, sold a collage of his digital images for a record-breaking $69 million. WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
FRAUDULENT TRANSFER CLAIMS IN CLAW BACK LITIGATION Fraudulent Transfer Claims In Claw Back Litigation This article focuses on the basics of fraudulent transfer claims and solvency analysis in the context of lawsuits where a plaintiff is seeking to recover payments made prior to the bankruptcy case being commenced, sometimes referred to WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits PROFESSIONAL DEVELOPMENT: HOW TO BE AN ALLY IN THE LEGAL Professional Development: How to Be An Ally In the Legal Profession. Last year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or amindset.
THE CAA’S IMPACT ON HEALTH AND WELFARE PLANS The CAA’s Impact on Health and Welfare Plans In addition to funding the government and further COVID-19 relief, the recently signed Consolidated Appropriations Act (CAA) included significant provisions impacting health benefit coverage. FEDERAL PUBLIC CORRUPTION PROSECUTIONS Federal Public Corruption Prosecutions This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions. MAINTAINING ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill' The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not GOVERNMENT POLICIES COULD BE CONCERN FOR COMMERCIAL REAL Government Policies Could Be Concern for Commercial Real Estate Lenders Significant concerns aren’t necessarily issues caused by real estate lending, borrowing or underwriting. MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests 'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant.GUARANTY OF LEASES
Guaranty of Leases As a condition to entering into a new lease, landlords often require a guaranty of lease from a personal or corporate guarantor in connection with those tenant entities that do not have either a high enough net worth or annual revenue, or for whatever other reasons do not meet the landlord's financial criteria. REPRESENTATIONS AND WARRANTIES BY LANDLORDS IN LEASE When negotiating a Lease for a commercial real property a tenant may request that the landlord make numerous representations. Accordingly it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords tenants and their counsel in the preparation and negotiation of those provisions. INSURANCE COVERAGE FOR ANTITRUST CLAIMS Insurance Coverage for Antitrust Claims. Many insureds face claims of antitrust violations, anticompetitive conduct, unfair competition, and theft of trade secrets. Too often these businesses fail to consider that they may have a very valuable asset to protect them against the expense, and any settlements or judgments, incurred in such lawsuits LAW JOURNAL NEWSLETTERS Commercial Leasing Law & Strategy. Risks of “Baseball Arbitration” in Resolving Real Estate Disputes “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player’s representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side PROFESSIONAL DEVELOPMENT: HOW TO BE AN ALLY IN THE LEGAL Professional Development: How to Be An Ally In the Legal Profession. Last year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or amindset.
THE WORLD OF NFTS
NFTs have been all the rage in the world. Mike Winkelmann, a digital artist known professionally as Beeple, sold a collage of his digital images for a record-breaking $69 million. WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
FRAUDULENT TRANSFER CLAIMS IN CLAW BACK LITIGATION Fraudulent Transfer Claims In Claw Back Litigation This article focuses on the basics of fraudulent transfer claims and solvency analysis in the context of lawsuits where a plaintiff is seeking to recover payments made prior to the bankruptcy case being commenced, sometimes referred to WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits LAW JOURNAL NEWSLETTERS Commercial Leasing Law & Strategy. Risks of “Baseball Arbitration” in Resolving Real Estate Disputes “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player’s representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side PROFESSIONAL DEVELOPMENT: HOW TO BE AN ALLY IN THE LEGAL Professional Development: How to Be An Ally In the Legal Profession. Last year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or amindset.
THE WORLD OF NFTS
NFTs have been all the rage in the world. Mike Winkelmann, a digital artist known professionally as Beeple, sold a collage of his digital images for a record-breaking $69 million. WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
FRAUDULENT TRANSFER CLAIMS IN CLAW BACK LITIGATION Fraudulent Transfer Claims In Claw Back Litigation This article focuses on the basics of fraudulent transfer claims and solvency analysis in the context of lawsuits where a plaintiff is seeking to recover payments made prior to the bankruptcy case being commenced, sometimes referred to WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits PROFESSIONAL DEVELOPMENT: HOW TO BE AN ALLY IN THE LEGAL Professional Development: How to Be An Ally In the Legal Profession. Last year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or amindset.
THE CAA’S IMPACT ON HEALTH AND WELFARE PLANS The CAA’s Impact on Health and Welfare Plans In addition to funding the government and further COVID-19 relief, the recently signed Consolidated Appropriations Act (CAA) included significant provisions impacting health benefit coverage. FEDERAL PUBLIC CORRUPTION PROSECUTIONS Federal Public Corruption Prosecutions This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions. MAINTAINING ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill' The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not GOVERNMENT POLICIES COULD BE CONCERN FOR COMMERCIAL REAL Government Policies Could Be Concern for Commercial Real Estate Lenders Significant concerns aren’t necessarily issues caused by real estate lending, borrowing or underwriting. MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests 'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant.GUARANTY OF LEASES
Guaranty of Leases As a condition to entering into a new lease, landlords often require a guaranty of lease from a personal or corporate guarantor in connection with those tenant entities that do not have either a high enough net worth or annual revenue, or for whatever other reasons do not meet the landlord's financial criteria. REPRESENTATIONS AND WARRANTIES BY LANDLORDS IN LEASE When negotiating a Lease for a commercial real property a tenant may request that the landlord make numerous representations. Accordingly it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords tenants and their counsel in the preparation and negotiation of those provisions. INSURANCE COVERAGE FOR ANTITRUST CLAIMS Insurance Coverage for Antitrust Claims. Many insureds face claims of antitrust violations, anticompetitive conduct, unfair competition, and theft of trade secrets. Too often these businesses fail to consider that they may have a very valuable asset to protect them against the expense, and any settlements or judgments, incurred in such lawsuits WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
COVID-19 FORCING FIRMS TO KEEP WORK IN-HOUSE COVID-19 Forcing Firms to Keep Work In-House Legal departments have been reducing outside counsel spending amid the COVID-19 pandemic and keeping more work in-house, where the demand for specialists and legal operations managers continues to grow, according to a new report. MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant. BEST WAYS TO EXPAND KEY CLIENT RELATIONSHIPS FROM THE Best Ways to Expand Key Client Relationships from the Lawyers’ and Firms’ Perspectives Part One of a Two-Part Article. This article defines the specific and best actions lawyers and law firms can take to expand client relationships. REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection REPRESENTATIONS AND WARRANTIES BY LANDLORDS IN LEASE When negotiating a Lease for a commercial real property a tenant may request that the landlord make numerous representations. Accordingly it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords tenants and their counsel in the preparation and negotiation of those provisions. WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests COVID-19 FORCING FIRMS TO KEEP WORK IN-HOUSE COVID-19 Forcing Firms to Keep Work In-House Legal departments have been reducing outside counsel spending amid the COVID-19 pandemic and keeping more work in-house, where the demand for specialists and legal operations managers continues to grow, according to a new report. THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant. AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection THE 'SOPHISTICATED INSURED' DEFENSE A majority of courts consider the icontra proferentemi doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers. REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits REPRESENTATIONS AND WARRANTIES BY LANDLORDS IN LEASE When negotiating a Lease for a commercial real property a tenant may request that the landlord make numerous representations. Accordingly it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords tenants and their counsel in the preparation and negotiation of those provisions. MAINTAINING ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill' The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not CORPORATE COMPLIANCE PROGRAMS AND THE DOJ’S EMPHASIS ON Corporate Compliance Programs and the DOJ’s Emphasis on Data Analytics: What Companies Need to Consider In recent months, the Dept. of Justice has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct. 'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant. REGINA METROPOLITAN: WHAT PRACTITIONERS NEED TO KNOW On April 2, 2020, the Court of Appeals, by a 4-3 margin, issued a lengthy and groundbreaking decision in Regina Metro Co. v New York State Div. of Hous.& Community Renewal.The decision collectively decided four rent overcharge cases arising from Roberts v Tishman Speyer Props., L.P., 13 NY3d 270 (2009), wherein the Court of Appeals had ruled that luxury deregulation was unavailable in BEST WAYS TO EXPAND KEY CLIENT RELATIONSHIPS FROM THE biPart One of a Two-Part Articlebip This article defines the specific and best actions lawyers and law firms can take to expand client relationships. This first part includes specific actions individual lawyers can take to expand client relationships. CURRENT ISSUES IN ENFORCING JUDGMENTS AGAINST LLCS When a creditor obtains a judgment against a debtor the debtor’s assets are sometimes held in membership interests in an LLC which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state’s LLC laws vary some version of the charging order procedure is available in all states. INSURANCE COVERAGE FOR ANTITRUST CLAIMS Insurance Coverage for Antitrust Claims. Many insureds face claims of antitrust violations, anticompetitive conduct, unfair competition, and theft of trade secrets. Too often these businesses fail to consider that they may have a very valuable asset to protect them against the expense, and any settlements or judgments, incurred in such lawsuits RESTRICTIVE COVENANTS AND PARTNERSHIP AGREEMENTS Restrictive Covenants and Partnership Agreements This article examines the ethics of common partnership restrictive covenants, including non-compete and forfeiture-for-competition provisions, notice of withdrawal requirements, prohibitions on solicitation of partners, employees, and clients, and restrictions on using and taking documents, and suggests ways for firms to ethically WHEN AFFIRMATIVE DEFENSES FAIL, GUARANTORS MAY PREVAIL ON Third--party guaranties and commercial leases are distinct legal instruments. Although the two are often executed simultaneously and it is not unusual for a single person to sign a lease in her corporate capacity and a guaranty for that same lease in her personal capacity each document creates its own set of obligations as between a different set of contracting parties. BRILLHART ABSTENTION: WILL YOUR DECLARATORY JUDGMENT Experienced insurance coverage lawyers know that choice of forum frequently affects choice of law and choice of law is frequently outcome determinative. Coverage disputes therefore often result in a rush to the courthouse by both policyholders and insurers as they select the forum. One way insurers initiate litigation is to file a declaratory judgment action usually in federal court. WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
COVID-19 FORCING FIRMS TO KEEP WORK IN-HOUSE COVID-19 Forcing Firms to Keep Work In-House Legal departments have been reducing outside counsel spending amid the COVID-19 pandemic and keeping more work in-house, where the demand for specialists and legal operations managers continues to grow, according to a new report. MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant. BEST WAYS TO EXPAND KEY CLIENT RELATIONSHIPS FROM THE Best Ways to Expand Key Client Relationships from the Lawyers’ and Firms’ Perspectives Part One of a Two-Part Article. This article defines the specific and best actions lawyers and law firms can take to expand client relationships. AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection REPRESENTATIONS AND WARRANTIES BY LANDLORDS IN LEASE When negotiating a Lease for a commercial real property a tenant may request that the landlord make numerous representations. Accordingly it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords tenants and their counsel in the preparation and negotiation of those provisions. REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
COVID-19 FORCING FIRMS TO KEEP WORK IN-HOUSE COVID-19 Forcing Firms to Keep Work In-House Legal departments have been reducing outside counsel spending amid the COVID-19 pandemic and keeping more work in-house, where the demand for specialists and legal operations managers continues to grow, according to a new report. MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant. BEST WAYS TO EXPAND KEY CLIENT RELATIONSHIPS FROM THE Best Ways to Expand Key Client Relationships from the Lawyers’ and Firms’ Perspectives Part One of a Two-Part Article. This article defines the specific and best actions lawyers and law firms can take to expand client relationships. AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection REPRESENTATIONS AND WARRANTIES BY LANDLORDS IN LEASE When negotiating a Lease for a commercial real property a tenant may request that the landlord make numerous representations. Accordingly it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords tenants and their counsel in the preparation and negotiation of those provisions. REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits LANDLORD AND TENANT LAW Tenant’s Cure of Default Reinstates Lease Renewal Optionbr Rent-Stabilized Status Survives Tax Foreclosure Salebr Tenant Entitled to Yellowstone Injunction Without Taking Steps to Cure Defaultbr Landlord Entitled to Use and Occupancy Not Rent After LeaseTermination
FRAUDULENT TRANSFER CLAIMS IN CLAW BACK LITIGATION Fraudulent Transfer Claims In Claw Back Litigation This article focuses on the basics of fraudulent transfer claims and solvency analysis in the context of lawsuits where a plaintiff is seeking to recover payments made prior to the bankruptcy case being commenced, sometimes referred to MAINTAINING ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill' The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not 'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant. REGINA METROPOLITAN: WHAT PRACTITIONERS NEED TO KNOW On April 2, 2020, the Court of Appeals, by a 4-3 margin, issued a lengthy and groundbreaking decision in Regina Metro Co. v New York State Div. of Hous.& Community Renewal.The decision collectively decided four rent overcharge cases arising from Roberts v Tishman Speyer Props., L.P., 13 NY3d 270 (2009), wherein the Court of Appeals had ruled that luxury deregulation was unavailable in BEST WAYS TO EXPAND KEY CLIENT RELATIONSHIPS FROM THE biPart One of a Two-Part Articlebip This article defines the specific and best actions lawyers and law firms can take to expand client relationships. This first part includes specific actions individual lawyers can take to expand client relationships. CURRENT ISSUES IN ENFORCING JUDGMENTS AGAINST LLCS When a creditor obtains a judgment against a debtor the debtor’s assets are sometimes held in membership interests in an LLC which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state’s LLC laws vary some version of the charging order procedure is available in all states. INSURANCE COVERAGE FOR ANTITRUST CLAIMS Insurance Coverage for Antitrust Claims. Many insureds face claims of antitrust violations, anticompetitive conduct, unfair competition, and theft of trade secrets. Too often these businesses fail to consider that they may have a very valuable asset to protect them against the expense, and any settlements or judgments, incurred in such lawsuits WHEN AFFIRMATIVE DEFENSES FAIL, GUARANTORS MAY PREVAIL ON Third--party guaranties and commercial leases are distinct legal instruments. Although the two are often executed simultaneously and it is not unusual for a single person to sign a lease in her corporate capacity and a guaranty for that same lease in her personal capacity each document creates its own set of obligations as between a different set of contracting parties. BRILLHART ABSTENTION: WILL YOUR DECLARATORY JUDGMENT Experienced insurance coverage lawyers know that choice of forum frequently affects choice of law and choice of law is frequently outcome determinative. Coverage disputes therefore often result in a rush to the courthouse by both policyholders and insurers as they select the forum. One way insurers initiate litigation is to file a declaratory judgment action usually in federal court. WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests CORPORATE COMPLIANCE PROGRAMS AND THE DOJ’S EMPHASIS ON Corporate Compliance Programs and the DOJ’s Emphasis on Data Analytics: What Companies Need to Consider In recent months, the Dept. of Justice has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct. 'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant. THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
REPRESENTATIONS AND WARRANTIES BY LANDLORDS IN LEASE When negotiating a Lease for a commercial real property a tenant may request that the landlord make numerous representations. Accordingly it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords tenants and their counsel in the preparation and negotiation of those provisions. REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits INSURANCE COVERAGE FOR ANTITRUST CLAIMS Insurance Coverage for Antitrust Claims. Many insureds face claims of antitrust violations, anticompetitive conduct, unfair competition, and theft of trade secrets. Too often these businesses fail to consider that they may have a very valuable asset to protect them against the expense, and any settlements or judgments, incurred in such lawsuits THE DO'S AND DON'TS OF 'YELLOWSTONE' INJUNCTIONS: A BRIEF A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach and thus avoid forfeiting its substantial investment in the leasehold. WHY UNTANGLING THE CISO FROM IT CAN IMPROVE GOVERNANCE AND Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to theCEO.
WHAT HAPPENS TO SURPLUS FUNDS IN TAX LIEN FORECLOSURES In two cases, the Fourth Department has held that the taxing authority is entitled to retain the entire surplus. More recently, in NYCTL 1997-1 Trust v. Stell, 184 A.D.3d 9, a case in which the taxing authority apparently made no claim to the surplus, the Second Department held that a first mortgagee was entitled to the surplus,rejecting the
MEASUREMENT STANDARDS IN COMMERCIAL LEASES AND THE RIGHT Measurement Standards in Commercial Leases and the Right to Remeasure. Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests CORPORATE COMPLIANCE PROGRAMS AND THE DOJ’S EMPHASIS ON Corporate Compliance Programs and the DOJ’s Emphasis on Data Analytics: What Companies Need to Consider In recent months, the Dept. of Justice has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct. 'CUSTOMARY OPERATIONS' OR A VACANT BUILDING? Many times courts are faced with the question of whether a loss location is vacant under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States addressing what is considered customary operations thereby rendering the property vacant. THE ARTICLE 8 OPT IN The Article 8 Opt In. When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by theborrower
REPRESENTATIONS AND WARRANTIES BY LANDLORDS IN LEASE When negotiating a Lease for a commercial real property a tenant may request that the landlord make numerous representations. Accordingly it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords tenants and their counsel in the preparation and negotiation of those provisions. REPRESENTING BOTH DEFENDANT-EMPLOYER AND DEFENDANT Representing Both Defendant-Employer and Defendant-Employee. The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits INSURANCE COVERAGE FOR ANTITRUST CLAIMS Insurance Coverage for Antitrust Claims. Many insureds face claims of antitrust violations, anticompetitive conduct, unfair competition, and theft of trade secrets. Too often these businesses fail to consider that they may have a very valuable asset to protect them against the expense, and any settlements or judgments, incurred in such lawsuits THE DO'S AND DON'TS OF 'YELLOWSTONE' INJUNCTIONS: A BRIEF A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach and thus avoid forfeiting its substantial investment in the leasehold. THE CAA’S IMPACT ON HEALTH AND WELFARE PLANS The CAA’s Impact on Health and Welfare Plans In addition to funding the government and further COVID-19 relief, the recently signed Consolidated Appropriations Act (CAA) included significant provisions impacting health benefit coverage. PROFESSIONAL DEVELOPMENT: HOW TO BE AN ALLY IN THE LEGAL Professional Development: How to Be An Ally In the Legal Profession. Last year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or amindset.
THE WORLD OF NFTS
NFTs have been all the rage in the world. Mike Winkelmann, a digital artist known professionally as Beeple, sold a collage of his digital images for a record-breaking $69 million. FRAUDULENT TRANSFER CLAIMS IN CLAW BACK LITIGATION Fraudulent Transfer Claims In Claw Back Litigation This article focuses on the basics of fraudulent transfer claims and solvency analysis in the context of lawsuits where a plaintiff is seeking to recover payments made prior to the bankruptcy case being commenced, sometimes referred to FEDERAL PUBLIC CORRUPTION PROSECUTIONS Federal Public Corruption Prosecutions This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions. GOVERNMENT POLICIES COULD BE CONCERN FOR COMMERCIAL REAL Government Policies Could Be Concern for Commercial Real Estate Lenders Significant concerns aren’t necessarily issues caused by real estate lending, borrowing or underwriting. COLLATERAL DESCRIPTIONS AND BLANKET LIENS Collateral Descriptions and Blanket Liens. Describing the collateral for an all-assets lien intuitively might seem easy. However, getting collateral descriptions correct under the rules of Article 9 of the Uniform Commercial Code (UCC) has challenged secured lenders for decades, and all-assets liens are no exception. A look at two recentcases. X.
BEST WAYS TO EXPAND KEY CLIENT RELATIONSHIPS FROM THE biPart One of a Two-Part Articlebip This article defines the specific and best actions lawyers and law firms can take to expand client relationships. This first part includes specific actions individual lawyers can take to expand client relationships. AVOIDING TAX PITFALLS IN NEW YORK REAL PROPERTY TRANSFERS Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection BRILLHART ABSTENTION: WILL YOUR DECLARATORY JUDGMENT Experienced insurance coverage lawyers know that choice of forum frequently affects choice of law and choice of law is frequently outcome determinative. Coverage disputes therefore often result in a rush to the courthouse by both policyholders and insurers as they select the forum. One way insurers initiate litigation is to file a declaratory judgment action usually in federal court.*
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LAW.COM SUBSCRIBERS SAVE 30% Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription. WELCOME TO LAW JOURNAL NEWSLETTERS Law Journal Newsletters publishes 9 leading online and print newsletters aimed at the diverse needs of attorneys in a wide range of practice areas. Enhanced for Web and mobile devices, these publications are powerful, intuitive, in-depth and affordable. A professional staff of attorneys and seasoned editors discuss and analyze the latest trends, cases, precedents and rulings; often well before this information hits online media. Written by lawyers, for lawyers, each LJN newsletter brings you ongoing intelligence and forecasts by top experts practicing in their respective fields.Learn More ›
Coronavirus Work-from-Home Response A Boon for CybercriminalExploitation
By Mark Sangster
Here are some of the key issues of which law firms and companies need to be aware and steps that should be considered to minimize the risk to keep everyone — and client data — safe.LATEST FEATURES
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Force Majeure and the Doctrine of Impossibility The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportantboilerplate.…
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Conducting Internal Investigations During the COVID-19 Pandemic By Jacqueline C. Wolff, Scott T. Lashway, and Matthew M.K. Stein In times of crisis, criminal activity — particularly crimes involving theft and fraud — tend to spike. There is no reason to believe that the Covid-19 pandemic and the unrest in the financial markets will be any different. An important difference for company counsel, however, will be in how the malfeasance, negligence or wrongdoing can be investigated.Read More ›
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COVID 19: Selling in Times of UncertaintyBy Debra Baker
The natural instinct during times of chaos is to move into a place of scarcity. The single best gift you can offer clients is courage and confidence about the path forward.Read More ›
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COVID-19: Economic Stimulus and SBA Loans By Jacob Weichholz and Daniel Mayo A summary of information on the various Small Business Association (SBA) loans that are available under the new federal economic stimuluspackage.
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Attorney’s Fees After Octane: More Chances for Defendants to Eventhe Playing Field
By Rudy Y. Kim
With fewer restraints after Octane, district courts now have broader discretion to grant motions for attorney’s fees. But understanding the circumstances under which exceptionality has been found is critical. Recent decisions by the Federal Circuit post-Octane provide some important guidance on when attorney’s fees may be availableunder Section 285.
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Podcast: Cognitive SecurityBy Jason Thomas
We live in information environment that is unique to this point in time (social media, information overload). How do we know what’s true and what’s not?Read More ›
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Accounting And Financial Planning For Law Firms COVID-19: Economic Stimulus and SBA Loans A summary of information on the various Small Business Association (SBA) loans that are available under the new federal economic stimulus package. _Continually updated; last update April 13._Read More ›
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Marketing The Law Firm COVID 19: Selling in Times of Uncertainty The natural instinct during times of chaos is to move into a place of scarcity. The single best gift you can offer clients is courage and confidence about the path forward.Read More ›
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Marketing The Law Firm How to Make Working from Home, Work for You In the legal industry it is time for a paradigm shift. Many firms have struggled with allowing people to work from home for a myriad of reasons. At this point, we have no choice. To help you get off on the right foot, the following are some best practices as we move forward into this new working environment.Read More ›
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