Early returns are in, and they indicate that the Supreme Court's decision in the so-called "Bridgegate" case will be an effective tool for pruning the wild overgrowth that has built up around the federal fraud statutes.
January 01, 2021Gary Stein
Use Variance Not Necessary for Use of Home As AirBnB Rental Merger of Back-to-Back Lots
January 01, 2021Stewart SterkA lender's state law tort claims against "non-debtor third-parties for tortious interference with a contract" were "not preempted" by "federal bankruptcy law," held the New York Court of Appeals.
January 01, 2021Michael L. CookA recent Federal Circuit decision denying a petition for a writ of mandamus should serve as a cautionary tale and reminder for corporate entities regarding the critical importance of preserving documentary evidence in a timely and appropriate manner.
January 01, 2021Daniel J. Melman and Sarah BenowichThis article addresses and updates the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.
January 01, 2021Adam Leitman Bailey and John M. DesiderioStranger to the Deed Rule Does Not Bar Easement Claim Misconduct By Mortgagor's Lawyer Voids Foreclosure Sale Permissive Exclusive Use of Common Driveway Does Not Extinguish Easement Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default
January 01, 2021Stewart SterkIt took two years and a last-minute substitution of judges for the U.S. Patent and Trademark Office (USPTO) to rule that RPX Corp. was too close to a dues-paying member to bring a patent validity challenge.
January 01, 2021Scott GrahamIf commercial real estate is going to have a successful 2021, it will require the ability to seek out unexpected advantages.
January 01, 2021Erika B. MorphyOne of the most misunderstood areas of law for non-bankruptcy and bankruptcy attorneys alike is the attorney-client privilege, including the scope of the privilege, who holds it, and when and by whom it can be waived. As is often the case, in bankruptcy, additional complexities arise.
January 01, 2021Andrew C. Kassner and Joseph N. Argentina Jr.The holding in Blaszczak significantly widens the scope of criminal insider trading. It also creates the anomaly of extending the criminal law beyond the SEC's civil enforcement authority.
January 01, 2021Robert J. Anello and Richard F. Albert
