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Litigation

  • As the volume of litigation continues to grow and the ability to manage it as a defendant or add to it as a plaintiff grows increasingly complex, legal costs will continue to rise in 2019 — and funding advocacy on both sides will remain a lingering challenge.

    February 01, 2019Ari Kaplan
  • Fifth Circuit Reverses Ponzi Funds Ruling

    February 01, 2019Dennis Mahoney
  • PG&E Corporation and its subsidiary, Pacific Gas & Electric Company announced that it expects to file for Chapter 11 bankruptcy protection on or around Jan. 29, 2019, right around the conclusion of a mandatory 15-day notice requirement under California law. Such a filing would represent the second time PG&E resorted to protection under the U.S. Bankruptcy Code.

    February 01, 2019John J. Rapisardi and Daniel Shamah
  • The bankruptcy court's ruling is a seminal decision that meaningfully circumscribes the ability of a secured noteholder under an indenture, particularly for structured debt, to force the debtor (i.e., issuer of the debt) into an involuntary bankruptcy.

    February 01, 2019H. Peter Haveles, Jr. and Eric Winston
  • Ever since 2009, it has been an article of faith that a building's receipt of J-51 benefits means that all of the apartments therein automatically become rent-stabilized. If those apartments were already rent-stabilized, they become stabilized a second time. The second layer of rent stabilization has the effect of barring luxury deregulation, at least until J–51 benefits expire. In West Village Houses Renters Union v WVH Hous. Dev. Fund, Justice Barbara Jaffe held that the tenants of 32 unsold cooperative units at the West Village Houses complex were not rent-stabilized, even though their buildings had received J-51 benefits.

    January 01, 2019Jeffrey Turkel
  • Town Cannot Hold Back Building Permits as Financial Security
    Parkland Alienation Doctrine Does Not Preclude Dock on Open Space Easement
    Landowner Failed to Exhaust Administrative Remedies

    January 01, 2019ssalkin
  • No Duty to Maintain Bulkhead
    Self-Conveyance Did Not Sever Joint Tenancy
    Promissory Estoppel Not Available to Avoid Statute of Frauds
    Presumption of Hostility Sustains Prescriptive Easement Claim

    January 01, 2019ssalkin
  • Loft Tenant Subject to Rent Stabilization
    Video Surveillance a Substitute for Part-Time Lobby Attendants

    January 01, 2019ssalkin
  • The use of SMS verification codes as a security measure has recently been exposed as a mere stop-gap solution because of the ability of hackers to fraudulently take over phone numbers. Biometrics meanwhile is proving to be one of the best new technologies to combat fraud and identity theft.

    January 01, 2019Alastair Johnson