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Litigation

  • 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
  • Part One of a Two-Part Article Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.

    January 01, 2019Susan M. Gerber and A. Patricia Campbell
  • This article reviews the history of the admission of individual co-conspirator plea allocutions in criminal cases and discuss why the admission of a corporate guilty plea, despite the opportunity to cross-examine a corporate employee who signed the plea agreement, does not provide the type of cross-examination guaranteed by the Confrontation Clause.

    January 01, 2019William F. Johnson