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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.
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In a practice that prizes in-person meetings, virtual communication has become commonplace.
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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.
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This article examines asset protection and pre-bankruptcy planning and its impact on a debtor's discharge through Bankruptcy Code §727(a)(2)(A).
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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
Tenant Entitled to Relief from Failure to Timely Exercise Renewal Option Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance
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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.
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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.
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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.
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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.