Columns & Departments
In the Courts
Maryland's Largest Ever Ponzi-Scheme: Kevin Merrill Sentenced to 22 Years in Prison for $396 Million Consumer Debt Fraud
Columns & Departments
Business Crimes Hotline
Former Keppel Lawyer Who Cooperated with U.S. Government Fined and Sentenced to Probation for His Role in Petrobras Bribery Scheme
Features

Overview of Limitations on Employee Compensation in Bankruptcy
Recognizing the potential consequences, companies in Chapter 11 bankruptcy often try to reduce employee uncertainty by seeking authority from the bankruptcy court. The Bankruptcy Code, however, imposes a variety of limitations on the ability of a debtor-employer to provide certain types of compensation and benefits to "insiders," a term that is broadly defined in the Bankruptcy Code.
Features

Third Circuit Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy Stay
"[A] secured creditor [has no] affirmative obligation under the automatic stay to return a debtor's [repossessed] collateral to the bankruptcy estate immediately upon notice of the debtor's bankruptcy," the U.S. Court of Appeals for the Third Circuit held on Oct. 28, 2019 in In re Denby-Peterson.
Features

Sympathy for the Debtor? Not When It Comes to Student Loans
The assumption that bankruptcy can't relieve a borrower of student loan obligations is incorrect, however a debtor must provide compelling evidence that an undue hardship will result if the debtor is required to repay the loan.
Features

Recent Investigation, Prosecution and Legislation Regarding Fraudulent Deeds
New York City, particularly gentrifying areas of Brooklyn, Harlem, and Washington Heights, are seeing an upsurge of deed theft. Attorneys, architects, title companies, real estate brokers, agents, contractors, developers and construction managers need to be alert to this potential issue when blocks of properties are assembled for development in these neighborhoods.
Columns & Departments
Landlord & Tenant Law
Landlord's Relet Does Not Relieve Breaching Tenant from Liability for Rent Breaching Landlord Liable for Tenant's Expenses In Preparing Leased Space Apartments Withdrawn from Mitchell-Lama Not Rent-Stabilized Default Formula Does Not Constitute Penalty, and Does Not Preclude Class Certification
Columns & Departments
Real Property Law
Ambiguous Time of the Essence Notice Held Ineffective Attorney Review Provision Permitted Cancellation of Contract Mortgagee Entitled to Cancellatino of Erroneously Recorded Satisfaction Co-Tenant Not Entitled to Appointment of Receiver
Columns & Departments
Co-ops and Condominiums
Fair Housing Act Claim Against Condominium Board Dismissed Co-Op Unit Owner Entitled to Emotional Support Dog
Features

Supreme Court, Finally, Takes Up Google v. Oracle
The U.S. Supreme Court has jumped into a titanic copyright battle between Oracle Corp. and Google LLC with both barrels. The court's involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›
- The Stranger to the Deed RuleIn 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.Read More ›