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Commercial Law

  • Greater Clarity Needed

    The new HVCRE rules require banks to assign a 150% risk weight to any HVCRE exposure (up from the 100% risk weight assigned under general risk-based capital rules) and cover all acquisition, development or construction (ADC) loans unless an exception applies.

    January 01, 2017Mitchell L. Berg and Peter E. Fisch
  • One of the main causes of the "death spiral" of malls in the United States has been the bankruptcies, and subsequent liquidations, of many retailers that were once household names -- and often a mall's anchor tenants.

    January 01, 2017Eric S. Chafetz
  • A New York court has found that a landlord did not commit fraud when it failed to disclose to its prospective tenant that a long-term municipal improvement construction project was about to commence near the leased premises.

    January 01, 2017ljnstaff
  • On Nov. 17, 2016, JPMorgan APAC, a Hong Kong subsidiary of JP Mor¬gan Chase & Co., agreed to pay $72 million for violations of the Foreign Corrupt Practices Act (FCPA).

    January 01, 2017ljnstaff
  • In the past year, New York's highest court, the Court of Appeals, issued two decisions addressing both the scope of a defendant's duty to warn in negligence and products liability actions, and the scope of tort liability in actions predicated upon third-party conduct.

    November 01, 2016Jeffrey Lichtman and Richard A. Menchini
  • Part Two of a Two-Part Article

    In last month's newsletter, the author began a discussion of the manufacturer practice of making increased safety features available to purchasers — but only for a price. The discussion concludes herein.

    November 01, 2016Larry E. Coben
  • Part One of a Two-Part Article

    While the Yates Memo makes no formal changes to the DOJ's position on privilege with respect to cooperation credit for businesses, its practical implications could be far-reaching.

    November 01, 2016Ty E. Howard and Todd Presnell
  • In what appears to be a case of first impression in New York, the court overseeing a couple's divorce has granted the wife's motion seeking to bar her husband from the delivery room when she gives birth to their child.

    November 01, 2016ljnstaff | Law Journal Newsletters