Features
Testimonial Evidence Technology Is Transforming the Litigation Landscape
Managing and presenting testimony are changing a lot these days thanks to new technology. Some of the innovations lawyers are using to handle depositions, witness statements, exhibits and other evidence more efficiently and persuasively will alter the way matters are handled for the foreseeable future.
Features
Is the Receiver or Debtor More Likely to Preserve and Maximize the Value of the Property In a Bankruptcy?
Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.
Features
Federal Circuit Imperils Term-Adjusted Patents
The Federal Circuit recently upheld the Patent Office's decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP).
Features
Evaluating Commercial Leases Post-'Rohrmoos'
Rohrmoos should encourage lawyers drafting leases, and those in lease disputes, to account for some new practical considerations. The drafting attorney should — if they are not already — include a clause in the lease expressly stating the parties' covenants are independent from one another.
Features
Landmines In Bankruptcy Appellate Practice
Pundits are raving about the current increase in business bankruptcy cases. But they rarely, if ever, mention the spike in bankruptcy appeals. A brief survey of recent decisions shows that appellate courts are, among other things, finding ways to (a) avoid making decisions or to (b) avoid litigation delay and uncertainty by expediting appellate review. Practitioners can avoid surprises by grasping what these courts are actually doing.
Features
Appointment of Receiver Under State Law No Assurance Receiver Will Stay If Ch. 11 Filed
Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.
Columns & Departments
Fresh Filings
Notable court filings in entertainment law.
Columns & Departments
Development
Contract Vendee Lacks Standing to Challenge Denial of Permit Application Board's Denial of Site Plan Approval Invalidated Inadequate SEQRA Review Requires Denial of Site Plan Approval
Columns & Departments
Real Property Law
Prescriptive Easement Counterclaim Dismissed Implied Easement Claims Rejected Questions of Fact Preclude Summary Judgment on Adverse Possession Claim Broker Failed to Establish Implied Contract Questions of Fact Remained About Whether Encroachment Was De Minimus
Features
Second Circuit Erects Barriers to Due Process When Challenging Permit Denials
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.
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