Development
An extensive roundup of recent cases important to you and your practice.
No Escape from Section 8
In a variety of ways, New York statutes regulating the landlord-tenant relationship have attempted to restrict the right of landlords to stay out of the "Section 8" program. Landlords have challenged each of these regulatory measures, and have almost invariably lost.
Features
Index
Everything contained in this issue, in an easy-to-use format.
Decisions of Interest
Recent rulings of importance to you and your practice.
Shopping Spree!
In last month's issue, we began a discussion of a vexatious practice of some matrimonial litigants: They consult with attorneys whose services they have no intention of engaging simply to disqualify them from being able to represent their spouses. Attorneys affected by such "serial consulters" need to know what their options and obligations are.
Features
Divorces During Hard Economic Times
With a Democratic president and a larger Democratic majority in Congress, we have already seen significant changes in tax laws and federal legislation affecting different aspects of our lives. What will these new laws mean for our divorcing clients and how should our clients change their legal strategies in anticipation of these new laws?
Features
Matrimonial Actions and the Valuation of C Corp. Taxes on Embedded Gains
Last month's article discussed the First Department's reasoning in the appeal of <i>Wechsler v. Wechsler</i>, 866 NYS2d 120 (1st Dept. 2008). Herein, we take an in-depth look at the decision itself.
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MOST POPULAR STORIES
- 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 ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›