Retailer Transparency and Landlord Agility
Shopping center and store landlords have been rudely surprised by the speed and breadth of their tenants' downward spiral in the economic implosion of the past year. But the damage might have been mitigated by corrective measures taken earlier in the cycle.
Trade-in Value and Auto Loans After Bankruptcy Reform
An in-depth discussion of the 910-day provision and the hot debate surrounding it, this article is intended to provide a complete and exhaustive review of the legislative record to assist market actors and courts.
Are You Prepared for e-Discovery?
Bankruptcy courts, practitioners, trustees and examiners are facing a new reality with which many federal court litigants and their counsel are already painfully familiar: The dire economic and legal consequences of failing to properly identify, preserve, collect, review and produce relevant ESI electronically stored information (ESI).
Heightened Pleading Standards Apply to Avoidance Complaints
Parties to preference and fraudulent transfer actions should pay careful attention to the decision in <i>In re Caremerica, Inc.</i>, where the judge dismissed certain avoidance claims and upheld others asserted by a Chapter 7 trustee. <i>Caremerica</i> provides useful guidance on whether particular elements of a preference or fraudulent transfer claim have been adequately pled.
Features
Blogging Checklist
An integrated blog added to your online presence is certainly a consideration for any lawyer today looking to market his or her practice and/or firm. There are a handful of reasons why ' and why not ' to launch a blog.
Professional Development: Creative 'Capers' Can Help Build Internal Relationships
When associates think about client development they think of buzzwords ' the cliche "elevator speech," or "pounding the pavement." To the other 99% of associates, these vaguely defined activities often seem onerous.
Features
The PPC Trademark Battle Continues
This article recently ran in our sister publication entitled Internet Law & Strategy. We felt it was important to share with our readers.
Features
Five Reasons for Lawyers to Use Social Media
This article recommends using social media for business and career development, and presents five non-exhaustive reasons why attorneys should consider using social media for themselves or for their firms. The <i>what</i> and <i>how</i> of blogging, Twitter, Facebook, etc., are beyond the scope of what is covered here. This discussion is about <i>why</i> a lawyer might want to use social media.
Features
TextMap Version 5: New Uses for a Familiar Tool
A bunch of loose nails can be pounded with a shoe or a rock, but why not buy a hammer so you have the right tool for the job? Similarly, a load of transcripts can be tagged with sticky flags and painstakingly summarized on a yellow legal pad, but why not use software to help you comprehensively manage and annotate them? TextMap 5 from LexisNexis (formerly CaseSoft) is the right tool for the job.
Movers & Shakers
Highlights of the latest equipment leasing news from around the country.
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MOST POPULAR STORIES
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn 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.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat 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.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This 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.Read More ›
- 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 ›