Features
Alternative Business Structures for U.S. Law Firms
Law firms need a reliable source of sufficient financing. This article discusses how the innovative application of already-existing business models can help.
Ethics and the New Compliance Ethos
All who are involved with compliance programs as advisers and counselors must take heed of recent developments at the U.S. Sentencing Commission and the Organization for Economic Cooperation and Development (OECD).
Features
Calling Witnesses Who Plan to Take the Fifth in Congress
Federal appellate courts have repeatedly made clear that it is not improper for a prosecutor to call and examine a witness in the grand jury knowing that the witness likely will decline to answer the questions based on the privilege against self-incrimination.
Features
Deploying Countermeasures to the SEC's Dodd-Frank Whistleblower Awards
Section 922 of Dodd-Frank created awards of 10%-30% of monetary sanctions for whistleblowers who report to the SEC original information leading to securities law enforcement actions that recover more than $1 million. Here are 10 actions organizations might take to help mitigate the increased regulatory risk this change may create.
New Accounting Standard Moves Closer to Conclusion
The Financial Accounting Standards Board and the International Accounting Standards Board are jointly working on a replacement for the current lease accounting standards, FAS 13 and IAS 17, that will be followed by all companies worldwide.
Features
Defending NJ Class Actions
Companies defending consumer product class actions in New Jersey have received additional support for fighting these proliferating claims. A Look at <i>Nafar v. Hollywood Tanning Systems, Inc.</i>
Features
The Basics of Pension Damages
Pension benefits can account for 50% or more of the damages in a wrongful death or injury matter. This article presents an overview of the basic types of pensions and some issues that arise in determining lost pension benefits.
Supreme Court Adopts Nerve Center Test for Corporate Citizenship
An in-depth analysis of the Supreme Court ruling in <i>Hertz Corp.</i>
Features
Real Property Law
Recent rulings of interest to you and your practice.
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- 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 ›