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Can Parties Stipulate As to Whether An Apartment Is Rent-Stabilized?
Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to "agree" in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.
Statutory Coverage Is a Matter of Law, and Cannot Be Waived
Rent stabilization coverage is a matter of statutory right and cannot be created by waiver or estoppel. See, Matter of Trainer v. New York State Div. of Hous. & Community Renewal, 162 AD3d 461, 462 (1st Dept. 2018). Nor can coverage be created by agreements between landlords and tenants. RSC §2520.13, captioned "Waiver of Benefit Void," states that "[a]n agreement by the tenant to waive the benefit of any provision of the RSL or this Code is void." As the First Department held in Drucker v. Mauro, 30 AD3d 37, 39 (1st Dept 2006):
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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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.