Expert Witness Evaluation
Almost any legal professional who has researched an expert knows that such information is available through commercial vendors or via a search of the "open Web." This article offers some insights ' some strategic tips ' on what to do with that information once you have it.
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WARNING! Time to Appeal Orders Compelling or Denying Arbitration Is NOW
The Supreme Court of New Jersey recently delivered a clear message regarding the time within which to appeal decisions concerning arbitration: Any order compelling or denying arbitration is deemed final and appealable as of the date entered, even if the arbitration order is limited to some, but not all, claims and parties.
Common Mistakes That Encourage Employees to Seek Legal Advice
Here is a list of the most common, yet avoidable, mistakes that can leave a company's current and former employees disillusioned and cause them to seek out outside legal advice.
Selling to an LLC?
Late last fall, the Delaware Court of Chancery dismissed creditors' derivative claims brought against the board of directors of a failed and insolvent limited liability company. The Delaware Supreme Court agreed and affirmed the decision.
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Taking Advantage of Changing Patent Landscapes
The America Invents Act (AIA), signed into law by President Obama on Sept. 16, 2011, is widely thought to constitute the most significant set of changes to the American patent system since the 1950s. Here's what it entails.
Lost Profits Calculations Can Be a Minefield for Practitioners
Lost profits calculations can be a very tricky proposition and are not to be entered into lightly. In the context of commercial leasing, as in any other context, the party alleging the loss has to prove certain elements.
After a Lease Is Signed: Avoid These Eight Common Mistakes
Those attorneys who fail to realize that a lease can have a profound impact on a business owner's day-to-day operations may be in for a rude awakening. This article discusses eight common mistakes tenants can make after they execute a lease.
In the Spotlight: Maximizing Cash Flow Through the Use of Kiosks and Carts
The leasing of common-area kiosks and carts is a good way to create more revenue-generating areas of the landlord's shopping center without incurring excessive cost and without sacrificing the synergistic mix and quality of the center.
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Rethinking Boilerplate
If boilerplate provisions are not considered in light of the positions of the respective parties to a leasing transaction, a party can be left exposed to substantial liability or without a remedy for the rights it has so carefully negotiated.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›