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The Uncertainties of the 'Unopened' Easement
Although New York courts have long-recognized that “an easement created by grant may be extinguished by adverse possession” (See Harlem Commonwealth Council, Inc. v. Thomas Memorial Wesleyan Methodist Church, 10 A.D.3d 572 (1st Dep't 2004); Spiegel v. Ferraro, 73 N.Y.2d 622, 625 (1989); Gerbig v. Zumpano, 7 N.Y.2d 327 (1960)), a different rule has been applied to “unopened” easements — ie, easements that have been created by grant but have remained unused. Generally, a possession will not be deemed adverse to an unopened easement or right of way until three conditions have been satisfied. These conditions are: 1) the need by the easement holder for the right of way has arisen; 2) a demand has been made by the easement holder that the right of way be opened; and 3) the servient tenant (property owner) has refused the demand. Castle Associates v. Schwartz, 63 A.D.2d 481 (2d Dep't 1978).
The rationale underlying this exception to the general rule of adverse possession is that if an easement is not “definitively located and developed through use,” the easement holder could not be expected to have notice of the adverse claim until either the easement is opened or the easement holder demands that it be opened and such demand has been refused. Will v. Gates, 254 AAD2d 275 (2d Dept. 1998).
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.