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Real Property Law
Expert analysis of important rulings.
The Enforceability of Liquidated Damages Clauses in Real Estate Leases
Will courts will enforce liquidated damages clauses in real estate leases? A look at recent rulings.
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Decisions of Interest
Analysis of recent key decisions.
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Filing Objections to the Final Order of a Support Magistrate
Family Court Act ' 439(e) provides that the final order of a Support Magistrate ' after objections and the rebuttal, if any, have been reviewed by a judge ' may be appealed pursuant to article eleven of the Family Court Act. But, note to litigators! Extreme care must be taken to follow all the rules during the objection process.
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Commission Weighs New Family Law-Related Acts
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has now been enacted in 49 states, has significantly reduced the number of interstate custody disputes. Practitioners may not, however, be aware of the process by which these uniform acts are promulgated.
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In Search of Intangible Asset Value
In the light of <i>Keane</i>,a first step to successfully arguing that business income should be excluded from consideration for maintenance is to demonstrate that the business value includes some intangible component.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
