Features
The Fed Worries About Bank CRE Loans for a Good Reason
The Federal Reserve and other regulators have been focused of late on bank problems, and well they should. But concern is now spreading to commercial real estate and the possibility that interplays between CRE borrowers and lenders could, under current conditions, create a positive feedback loop that could increasingly hurt both.
Features
AI Regulation In the U.S.: What's Coming, and What You Need to Do, Part 2
Part Two of a Two-Part Article In Part One, last month, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two continues the discussion on potential federal AI regulation and what companies can do to prepare.
Features
The Way Big Law Reacts to Economic Cycles Is Unrealistic, Unhealthy and Inhumane
The problem isn't that economies are cyclical, that's a fact of life. The problem here is that Big Law can sometimes have unrealistic reactions to both upturns and downturns. If this happens, it's not in the interests of their own attorneys or their clients. It's inhumane and unhealthy.
Columns & Departments
Fresh Filings
Notable court filings in entertainment law.
Features
Online Extra: The Other Recent Copyright Infringement Lawsuit Against Ed Sheeran
The lion's share of attention to copyright-infringement claims against Ed Sheeran over his song of the Year "Thinking Out Loud" recently focused on the trial in New York federal court in which a jury found in Sheeran's favor in the lawsuit brought by the heirs of a co-author of the 1970s soul-song classic "Let's Get It On." But in September 2022, a related infringement suit over the same songs' matching chord progression and harmonic rhythm was allowed to go forward.
Features
SEC Selective Enforcement Throws Doubt On Whether Securities Rules Apply to Crypto
Digital assets have created a jurisdictional tug of war between the SEC and the CFTC over whether cryptocurrencies should be regulated as commodities or securities. Also tugging on that rope sit those who say cryptocurrencies are neither, and need new bespoke rules.
Columns & Departments
Real Property Law
Mortgagee's Action to Vacate Tax Sale Should Not Have Been Dismissed Even Though Redemption Period Had Expired Landowner Has Right of Access Across State Lands Part Performance Exception to Statute of Frauds Inapplicable Emails Insufficient to Satisfy Statute of Frauds Statute of Limitations Does Not Bar Claim to Remove Cloud on Title Purchase Option Not Assignable Buyer Recovers Down Payment When Seller Failed to Deliver Certificate of Occupancy Nassau County's Recording Fees Held Excessive and Improper Section 265-a Authorizes Rescission of Termination Agreement Prescriptive Easement Claim Fails for Failure to Establish Hostile Use
Features
Delaware Bankruptcy Court Provides Guidance On Drafting Proxies
Proxies in voting and support agreements, secured debt instruments, and other corporate documents should be drafted in a manner that fully reflects the intended scope of the parties' proxy relationship.
Columns & Departments
Landlord & Tenant Law
Tenant's Failure to Restore Premises At End of Lease Constitutes Breach Fraud Exception to Four-Year Lookback Period Inapplicable Guaranty Clause Did Not Bind Tenant's Principal
Features
Using the Generational Gap to Enhance Engagement
For over a decade, starting when the first millennials graduated law school, efforts to seamlessly integrate — or, perhaps in some cases, strong-arm — new hires into the law firm business model have been a source of focus; and, for many, consternation. Distinct contrasts in ways of working, personal motivators and prevailing attitudes have left many leaders frustrated and disillusioned.
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