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You may be tempted this time of year to create advertising featuring The Elf on the Shelf ® (“TEOTS”) interacting in humorous ways with your product or service. DON’T! While your audience may engage and enjoy such a campaign, TEOTS products should not be used to promote or endorse your products or brands. TEOTS’s 2015 Specialty Retailer Asset Guidelines state that doing so without express written consent from TEOTS may constitute intellectual property infringement.
Every week, one of my partners tells me about a court decision in which a bank lender blew the statute of limitations and lost the right to foreclose. Almost all of these cases involve securitized loans with incompetent "foreclosure factory" lawyers and inattentive bankers. However, there is one important lesson that even the most diligent lender should learn.
In my October 21 blog, I described a new law in New York that will require almost all businesses to adopt formal cybersecurity protection programs. Small businesses ARE NOT exempt, but they have a lesser compliance burden - they must have and implement a cybersecurity protection program that is appropriate based upon the size, nature and complexity of the business.
A construction contractor often receives a demand for information--under New York Lien Law §76 -- for a verified statement of entries of job costs and expenses. What is this about? How should a contractor respond?
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
June's Housing Security and Tenant Protection Act imposed a new requirement on landlords in the event their tenants don't pay, which has created some confusion with the rent demand that is usually issued.
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