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The Coronavirus Is Delaying a Construction Project. What Does Your Contract Say? Image

The Coronavirus Is Delaying a Construction Project. What Does Your Contract Say?

Erika Morphy

Construction project delays that could put developers in default of their contracts. Now is the time to re-examine those contracts to see what exactly they have agreed to.

Features

New Normal Sets In for White-Collar Lawyers in the Virus Era Image

New Normal Sets In for White-Collar Lawyers in the Virus Era

C. Ryan Barber

In a practice that prizes in-person meetings, virtual communication has become commonplace.

Features

Legal Tech: Recovery Models for e-Discovery and Litigation Support Services that Make an Impact Image

Legal Tech: Recovery Models for e-Discovery and Litigation Support Services that Make an Impact

Nathan Curtis

With big data and the resulting explosion of electronic documents, texts, images and voicemails that are subject to discovery, the cost burden was increasing at a pace that required firms to reconsider their recovery approach. This is why in 2019, Mattern conducted its first deep dive into e-discovery and litigation support cost recovery in the 2020 e-Discovery and Litigation Support Cost Recovery Survey. Some of the results were surprising.

Features

Asset Protection, Pre-Bankruptcy Planning and Code §727(a)(2)(A) Image

Asset Protection, Pre-Bankruptcy Planning and Code §727(a)(2)(A)

Carlos J. Cuevas

This article examines asset protection and pre-bankruptcy planning and its impact on a debtor's discharge through Bankruptcy Code §727(a)(2)(A).

Features

Construction Management Agreements: Pricing Image

Construction Management Agreements: Pricing

Kenneth M. Block & Joshua M. Levy

This article covers the pricing of construction management agreements (CMAs), including the fee of the construction manager, general conditions costs, subcontract costs, contingency and insurance. Note: Where appropriate, we will make distinctions between "cost-plus" and guaranteed maximum price (GMP) CMAs.

Columns & Departments

Case Notes Image

Case Notes

Stewart E. Sterk

Tenant Entitled to Relief from Failure to Timely Exercise Renewal Option Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance

Features

The Importance of 'Particulars' in Criminal Fraud Cases Image

The Importance of 'Particulars' in Criminal Fraud Cases

Elkan Abramowitz & Jonathan Sack

This article discusses the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims, and then describes a recent decision ordering a bill of particulars in the high-profile prosecution growing out of the Theranos blood-testing scandal. The decision in that case highlights the importance of seeking bills of particulars in fraud cases.

Features

A New Regime in Preference Litigation Image

A New Regime in Preference Litigation

Steve Werth

One of the provisions of the Small Business Reorganization Act amends the language of Bankruptcy Code Section 547 — which gives trustees and debtors in possession the right to seek to recover a payment to a third party in the 90-day period prior to the commencement of a bankruptcy case as a "preference" — to add a due diligence requirement. Though the intent behind the added language seems clear, it may not have its intended effect.

Features

Legal Tech: Will the U.S. Become a Haven for International Discovery Under Section 1782? Image

Legal Tech: Will the U.S. Become a Haven for International Discovery Under Section 1782?

David R. Cohen & Bradley C. Whitecap

Second and Eleventh Circuit rulings are likely to expand refuge to discovery in the U.S., even for international litigation and arbitrations that don't ordinarily include discovery rights.

Features

Neighbor Standing to Challenge SEQRA Determinations Image

Neighbor Standing to Challenge SEQRA Determinations

Stewart E. Sterk

When does an immediately adjacent neighbor have standing to challenge a SEQRA determination? In Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals, the Court of Appeals made it clear that adjacent neighbors have presumptive standing to challenge zoning determinations.

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