Features
Counsel Concerns
Malpractice Suit Continues over Manilow Musical<br>Malpractice Suit/Lack of Specificity
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'Hold the Arbitration Clause, Hold the Attorney Fees!'
Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don't get to negotiate each clause, generally, are consumers and small-business customers ' and e-commerce buyers.
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Real Property Law
In-depth analysis of the latest rulings.
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The Martin Act and Common Law Fraud
In <i>Kerusa LLC v. W10Z/515 Real Estate Limited Partnership</i>, the Court of Appeals resolved a question that has plagued the Appellate Divisions over the past several years: May a co-op or condominium purchaser prevail on a common law fraud claim based on material omissions from offering plan amendments mandated by the Martin Act?
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Decisions of Interest
Recent rulings of interest to you and your practice.
Features
Legal Issues Swell if Swine Flu Spreads
Just one week into the swine flu outbreak, health authorities in Baltimore detained 117 passengers on a flight from Cancun, Mexico. And Texas, Maryland and New York officials closed schools. Although the flu strain isn't an official pandemic yet, state and local officials are already flexing legal muscles ' many for the first time.
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The Autism Cases
In last month's issue, we discussed the Vaccine Court's (Office of Special Masters of the U.S. Court of Federal Claims) trio of decisions that found no causative links between childhood vaccinations and the onset of autism and gastrointestinal problems in three children. The discussion continues herein.
Features
Polio Victim's 30-Year Crusade Garners $22.5 Million Award
Filed in 1981, <i>Tenuto v. Lederle Laboratories</i> is the oldest ongoing non-guardianship case in New York City, according to the Office of Court Administration. Now there's an award. But will it stand?
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Restrictive Covenants Meet the Telecommunications Act of 1996Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
