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Cooperatives & Condominiums
A look at recent cases of note.
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Court of Appeals Limits Negligent Misrepresentation Claims
When does a purchaser have a claim against a party with whom the purchaser has never dealt when that party made a negligent misrepresentation on which the purchaser relied?
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Practice Tip: The SPILL Act
Thanks to a recent act of Congress, the oil spill may be seeping into product liability law. Meet the SPILL Act.
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Recent Developments in Class Actions
This article reviews two cases ' one decision and one case under review by the U.S. Supreme Court ' in which class counsel sought certification of a class after a similar class was denied certification in another jurisdiction.
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In the Spotlight: Franchise Law
Many commercial leases involve franchises. Consequently, a dispute between a franchisor and franchisee can result in problems for a landlord.
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What Goes Up Can Come Down
The Dodd-Frank Act directs the Sentencing Commission to amend the Sentencing Guidelines for certain fraud offenses, just as SOX did ten years ago. Those SOX amendments led to sentences greater than under the original Guidelines Manual, and a similar result will likely follow from Dodd-Frank.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›