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In the Courts
New Developments In Och-Ziff FCPA Settlement As Brooklyn Judge Grants Victim Status to Former Investors In Restitution Claim over Lost African Mining Venture
Features
Legal Tech: New Cases Provide Insights on the FRCP 37(e) 'Reasonable Steps to Preserve' Requirement
The Franklin and Culhane Cases Demonstrate the Importance of Both Implementing and Then Following Corporate Litigation Readiness Measures for Purposes of FRCP 37(E) An evaluation of FRCP 37(e) necessarily entails examining key motion practice flash points that have arisen since the implementation of the rule. One of the most significant of these flash points is what constitutes "reasonable steps to preserve" relevant ESI.
Features
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Columns & Departments
Business Crimes Hotline
Former Cognizant Technology COO Settles FCPA Case In Relation to India Office Construction Project
Features
Mitigating Lender Risk in Constructive Fraudulent Transfer Litigation
Lenders must carefully analyze the full ramifications of how best to approach the constructive fraudulent transfer issue when it emerges in their bankruptcy case.
Columns & Departments
Case Notes
Court Decides Who Is the 'Prevailing Party' No Duty to Collect Rent from Subsequent Tenant
Features
Knick: Opening the Federal Courts to Taking Claims
When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.
Columns & Departments
Real Property Law
Mortgagee Entitled to Deficiency Judgment When Mortgagor's Submissions Are Insufficient to Rebut Mortgagee's Appraisal Foreclosure Action Proceeds Despite Failure to Formally Discontinue Prior Foreclosure Action Forbearance Agreement Tolled Statute of Limitations Foreclosure Proceeding Dismissed for Lack of Standing Did Not Accelerate Mortgage
Columns & Departments
Landlord & Tenant
Landlord Failed to Rebut Presumption of Willfulness Landlord Substantiated Individual Apartment Improvements Vacatur of Stipulation for Use and Occupancy Overturned Occupant's Deception Waived Succession Rights Setting Rent for Unit First Decontrolled In 1954
Columns & Departments
Co-ops & Condominiums
Commercial Units Should Be Counted In Determining Amount of Reserve Fund
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