Features
Transfer Fee Covenants in New York?
It should not be surprising that in a weak real estate market, developers would seek new sources of revenue. One recent source has generated controversy across the country ' requiring buyers to agree, for themselves and their assigns, to pay a fee upon each resale of the property. These transfer fee covenants raise a number of practical problems, not the least of which is the underlying legal question: Are they enforceable?
Features
Decisions of Interest
Court Denies Joinder of Action That Would Delay Child Support Supreme Court, Nassau County, denied a father's attempt to join his child support obligation termination request to the mother's motion to have him held in contempt for failure to pay, as joinder would delay the proceedings, to the detriment of the children. BJG v. MDG, --- N.Y.S.2d ----, 2010 WL 3384903 (Sup. Ct., Nassau Cty., 8/31/10) (Falanga, J.). …
Key Considerations for Health Care Equipment Leasing in Today's Market
While there are a number of complexities to operating in the health care leasing arena, there also are more than ample opportunities. Those leasing companies that are proactive in mitigating certain industry risks have an opportunity to be very successful in this space.
Features
Who Is a Parent?
In last month's newsletter, we looked at two recent cases in which New York courts determined that non-biological/non-adoptive parents could or could not seek ongoing relationships with their former romantic partners' children. The question that arises when looking at these two outcomes is, in which situations will a "virtual parent" be treated as a legal parent?
Same-Sex Marriage
On Aug. 10, the American Bar Association's governing body voted to adopt a policy calling for the elimination of all state, territorial and tribal laws restricting civil marriage for same-sex partners. The recommendation that the ABA throw its weight behind the initiative was proposed by a number of entities, including both the New York State and New York City Bar Associations. This is just one of the many new developments in the evolution of the gay marriage debate.
Discord over Non-Compliant Child Support Orders
The four Judicial Departments have now adopted three disparate rules of law with regard to the proper procedural course required to obtain review of a child support provision contained in a stipulation of settlement or agreement, incorporated by reference into a judgment or order, which is violative of DRL ' 240(1-b)(h) or FCA ' 413(1)(g).
Features
Practice Tip: Playing Poker with Experts
Part One of this article described problems arising out of the substitution of experts, and discussed some recent case law. The conclusion herein presents some suggested ways of dealing with the situation.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
