Features
DOJ Corporate Enforcement Guidelines Are Placing Individual Defendants Between a Rock and a Whirlpool
For companies suspected of wrongdoing, cooperating with DOJ investigations and self-disclosing their misconduct often appears to be their only option to avoid prosecution and reduce large financial penalties. But, these benefits often come at a price, especially to company employees who are caught in the middle.
Columns & Departments
Eminent Domain
Industrial Development Agency's Determination Rationally Related to Stated Public Purpose<br>Industrial Development Agency Did Not Have Authority to Condemn Land Already Used for a Public Purpose
Columns & Departments
Bit Parts
State Appeals Court Decides Alimony for Country Artist Joe Diffie's Ex-Wife Shouldn't Be Based on “Speculative Income” <br>Arbitration Clause in TV-Show Appearance Release Found Severable From Rest of Agreement
Features
'Fresh Start' Leads To Bankruptcy Discharge of Environmental Contamination Claims
One of the powerful benefits of bankruptcy is the ability to obtain a “fresh” start by obtaining a discharge of most, but not all claims that arose prior to the filing of the bankruptcy case. But when does a claim arise? This issue is especially complex when environmental contamination claims are involved.
Features
Negotiating Relocation Rights
Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.
Features
Negotiating Relocation Rights
Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.
Features
Covenants That Run with the Land Can Be Waived
Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
Columns & Departments
Eminent Domain Law
No Consequential Damages When State Takes Neighbor's Land
Columns & Departments
Development
Nonconforming Use Not Discontinued<br>Developer's Rico, Estoppel, and Equal Protection Claims Dismissed<br>Denial of Area Variance Overturned
Columns & Departments
Real Property Law
Affirmative Covenant Enforceable Against Successor Developer<br>Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable
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