Features
In the Spotlight: Ordering Title Searches When Negotiating a Lease
Did you ever think it was good practice to order a title search when your client contemplated putting in expensive improvements or in other situations where the lease may have value? It may never have crossed your mind that the failure to discuss this option with your client could amount to professional malpractice ...
Mitigation Under a Commercial Lease
Lawyers are celebrated for their ability to employ subtlety and finesse. However, when addressing a commercial landlord's duty to mitigate damages upon a tenant's default, it pays to be blunt.
Features
NY Divorce Rule Freezes Couple's Assets Without Court Order
As of Sept. 1, 2009, divorcing couples in New York no longer need to seek a temporary restraining order prohibiting their spouse from the unauthorized spending, transfer or concealment of assets under a rule established by court administrators.
Features
How to Succeed in a Relocation Case
It can be a difficult task to persuade a court that it should permit the relocation of a child. Here are some of the pitfalls and how to avoid them.
Year's-End Developments in Same-Sex Marriage Law
In December, the New York State Legislature failed to pass a proposed same-sex marriage bill. As everyone knows, however, that is not the end of the story. More attempts will be made, and many issues surrounding same-sex marriage will continue to be debated and litigated.
Features
Business Crimes Hotline
National rulings of importance.
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In the Courts
Recent rulings of interest to you and your practice.
Features
The Speech or Debate Clause
A recent indictment of a former Member of Congress has rekindled the legal debate over the scope and effect of the Speech or Debate clause and perhaps presages a return to the Supreme Court for a ruling to settle the conflict among the circuit courts about interpretation of the Clause.
Features
New Use of Wiretaps in Insider Trading Cases
On Oct. 16, 2009, federal agents arrested Raj Rajaratnam, the founder of hedge fund Galleon Group, in an alleged insider trading scheme that involved well known public companies and thus far 20 defendants, including lawyers, stock traders, management consultants, and executives inside the issuers themselves. Wiretapping was part of the case.
Features
Who's Allegedly 'Cooking the Books' and Where?
In a poll conducted during an April 23, 2009 Deloitte online seminar entitled "Managing Fraud Risk: Insights and Practical Strategies," 72% of the 2,123 respondents indicated a belief that the number of accounting frauds uncovered would increase over the next two years.
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- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
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- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›