Articles

  • 06.23.17

    Is Your Private Property Really Public?

    Developers typically provide POPOS because cities require them or in exchange for density bonuses or relaxation of municipal height and setback restrictions. Although the square footage of an individual POPOS may be small, their aggregate footprint can be quite large – at least 530 of these ...

  • 06.19.17

    AI, IoT and Consumer Privacy

    It has been estimated that 80 percent of the world’s data has been created in the past two years, and by all reasonable measures, we are only just getting started. Already, 2.5 billion gigabytes of data are generated per day. To give some context, a review of one gigabyte of emails is ...

  • 06.15.17

    Weight Loss Drug Gains FDA Warning About False Advertising

    By Jeffrey S. Edelstein, Partner, Advertising, Marketing and Media In the first warning letter sent since President Donald J. Trump took office, the Food and Drug Administration (FDA) cautioned the maker of a weight loss drug about false advertising. A 60-second television ad ...

  • 06.11.17

    Class Warfare: Higher Education Is About to Become the Next Political Battlefield

    For decades, both nationally and here in New York, elected officials focused on higher education policies when they were thinking about their legacies, from former President Lyndon B. Johnson’s Higher Education Act to a grant program championed by U.S. Sen. Claiborne Pell. But in terms of ...

  • 06.08.17

    Senator to FTC: Are Kids Safe With Smart Toys?

    By Richard P. Lawson, Partner, Advertising, Marketing and Media Following up on a previous letter, Sen. Mark Warner (D-Va.) sent a second missive to the Federal Trade Commission asking about the agency’s efforts to protect children’s privacy with respect to so-called ...

  • 06.05.17

    Call Me, Maybe: The TCPA’s Impact on Technology Used for Consumer Communications

    The widespread adoption of mobile technology has enabled businesses to better connect with potential and existing customers and increase customer engagement. But, as Spiderman’s Uncle Ben warned us, with greater power comes greater responsibility. In the consumer marketing and engagement ...

  • 06.02.17

    Does “Lease Language” Create a Lease?

    With less traditional arrangements, such as co-working office spaces becoming increasingly prevalent, the line between leases and contractual arrangements that do not create a possessory interest in real property, such as licenses, can sometimes be difficult to determine. Parties may even attempt ...

  • 06.01.17

    What to Consider When Subleasing Office Space

    In many markets, large blocks of office space are scarce. A company may decide to lease more space than needed in order to reserve space for future growth. When this strategy is executed, the cost can be mitigated by subleasing. Prospective subtenants, on the other hand, may want to sublease for a ...

  • 05.31.17

    Creating Public Property

    TAKINGS TALK   One thing that should be rather clear in our system of reciprocal rights is that the right to own and use property—to the exclusion of all others—is a fundamental constitutional right. Both the U.S. and California Constitutions say so expressly. Indeed, the U.S. ...

  • 05.30.17

    Spotlight on the False Claims Act May 2017

    By Kenneth B. Julian, Partner | John F. Libby, Partner | Jacqueline C. Wolff, Partner Why it matters: Pronouncements by DOJ officials in April 2017 signaled that the DOJ will be "business as usual" with respect to pursuing white collar crime, including the False ...