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Court of Appeals Upholds Atlantic Yards Condemnation
Steven M. Silverberg
Just a week apart, in late November and early December 2009, the Court of Appeals and then the Appellate Division, First Department, made major pronouncements on the authority of the courts to review determinations that ]property is subject to condemnation for allegedly public purposes.
Features
DE Chancery Court Won't Dismiss Action Seeking Dissolution of a Deadlocked Joint Venture
Robert S. Reder
&
Rachel Fink
Unsuccessful 50/50 joint ventures often lead to disputes between the partners and, in some cases, may produce noteworthy judicial decisions. Such is the case with <i>Lola Cars International Limited v. Krohn Racing, LLC, et al.</i> in which the Delaware Court of Chancery recently refused to dismiss claims arising out of a deadlocked joint venture structured as a limited liability company ("LLC"),
Features
Trusts and Divorce
ALM Staff
&
Law Journal Newsletters
Matrimonial practitioners need to have some understanding of common long-standing trust techniques and some of the new ones in order to advise clients through a divorce involving such trusts.
Features
Hedonic Damages
Chad L. Staller
Despite repeated stakes through the heart of hedonic damages testimony ' studies showing that the theory is unreliable, new evidence showing that the basis for such testimony in injury cases is nonexistent, and numerous successful motions-in-limine barring such testimony ' the economic hedonists are still with us.
Features
A Daubert Checklist
John D. Sear
Courts of appeal historically affirm more than 85% of all trial court <i>Daubert</i> decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.
Features
A Right to Bear Arms in the Office?
Rosanna Sattler
&
Nancy J. Puleo
Employers now must balance the duty to maintain a safe workplace with employees' right to bear arms under the Second Amendment of the Constitution of the United States, their rights under state constitutions, and laws allowing guns at work ' which is a new and growing trend in employment legislation.
Features
The Treatment of Intellectual Property Under Bankruptcy Law
Peter J. Toren
As the economy contracts and many companies are facing bankruptcy, a key question concerns the status of the IP that may have been assigned, transferred, sold or licensed if one of the parties to the transaction declares bankruptcy. This article discusses the issue.
Features
Strengthening Letter of Credit Security Provisions
Adam Walsh
&
Eric Greenberg
In all too many cases, once reliable tenants are leaving landlords with only a security deposit to fall back on. In addition, if the security deposit is in the form of a letter of credit (LOC), now more than ever the landlords must also keep one eye on the financial stability of the LOC issuer.
Features
Costly Tenant Leasing Mistakes Can Be Avoided
Douglas E. Simon
&
Richard A. Bendit
It is extremely constructive to review some of the big mistakes that can be avoided by proper planning and guidance. This two-part article will provide a list that is by no means exhaustive, but an awareness of these problems, will help start the search on the right track.
Features
In the Spotlight: Leasing Outside the Box
Preston Brooks
&
Andrew Kim
Although harnessing the sun's energy through photovoltaic solar panels is not a new idea, due to recent advancements in technology and tax incentives (including the 30% tax credit contained in last year's stimulus plan), the cost-efficiency of these systems has improved significantly.
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