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Navigating the Changing Technological Landscape Image

Navigating the Changing Technological Landscape

Fernando M. Pinguelo & Keya C. Denner

The U.S. Supreme Court's recent decision in <i>City of Ontario v. Quon<i> offers employers useful guidance with respect to up-to-the-minute issues in this area, and reaffirms some preventative measures that forward-looking employers should already have in place.

Business Valuation In a Collaborative Divorce Image

Business Valuation In a Collaborative Divorce

Scott DeMarco & Steve Egna

When appraisal of a business is conducted in conjunction with a collaborative divorce, it is fundamentally different from one carried out in a more adversarial divorce setting.

August issue in PDF format Image

August issue in PDF format

ALM Staff & Law Journal Newsletters

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Conducting an Effective and Preventative Compensation Review Image

Conducting an Effective and Preventative Compensation Review

Patricia Anderson Pryor

With the passage of the Lilly Ledbetter Fair Pay Act, the EEOC's and OFCCP's increased focus on compensation discrimination, and the government's increased budget for these agencies, compensation decisions are destined to come under increased scrutiny from employees, their attorneys and the government.

Features

Interim 'So-Ordered' Stipulations Image

Interim 'So-Ordered' Stipulations

Russell I. Marnell & Scott R. Schwartz

What happens to a So Ordered, interim agreement that is not mentioned in the divorce judgment in any way, shape or form? Is it vacated, or does it survive? The answer to this issue, in New York State, at any rate, requires a two-step analysis.

Features

Yes, We Can ' Raise Fees Image

Yes, We Can ' Raise Fees

Ed Poll

Accept the fact that those clients who value your service regardless of higher fees will remain with you, while those clients who do not want to pay a higher fee will seek other counsel.

Features

'Matrimorphology' Image

'Matrimorphology'

Laurence J. Cutler

Matrimorphology ' what is it? It means the study of changing matrimonial law, in this case, the Divorce Reform Act of New Jersey.

Features

The Future of Honest Services Fraud Image

The Future of Honest Services Fraud

Randall D. Eliason

On June 24, the U.S. Supreme Court sharply limited one of the federal prosecutors' favorite statutes: honest services mail and wire fraud. So where does the law of honest-services fraud go from here?

In the Spotlight: The Impact of Landlord Bankruptcies on Commercial Tenants Image

In the Spotlight: The Impact of Landlord Bankruptcies on Commercial Tenants

Lars Andersen

Landlords entering bankruptcy protection have the opportunity to reject (and elect to terminate) leases on their properties per the range of debtor rights under the U.S. Bankruptcy Code. Here are some questions tenants may have to deal with.

When Is a Lease of Personal Property a 'True Lease'? Image

When Is a Lease of Personal Property a 'True Lease'?

Alan M. Christenfeld & Barbara M. Goodstein

This article discusses the advantages and disadvantages of a "true lease" versus a security agreement, the legal considerations in determining how an agreement should be characterized under the UCC, and some interesting recent decisions in this area.

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MOST POPULAR STORIES

  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In 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.
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  • The Flight to Quality and Workplace Experience
    That 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.
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  • AI or Not To AI: Observations from Legalweek NY 2023
    This 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.
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  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    RPAPL ' 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.
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