Features
The Most Crucial Commercial Lease Cases
For almost two years, the attorneys at Adam Leitman Bailey, P.C, have been compiling a list of the greatest commercial leasing cases of all time. Two of these attorneys, the authors of this two-part article, trace the lifetime of a leasehold from negotiation through breach and enforcement.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Assignments: Paying Agent Not Liable to Assignee
In a recent opinion by the U.S. Court of Appeals for the Ninth Circuit, the court held that the account debtor's payment obligations do not extend to its agent.
Eleventh Circuit Upholds Graves Amendment
Congress enacted the Graves Amendment in August 2005 to bar vicarious liability claims against long-term lease and rental car companies. Often challenged in the courts, the dependability of the Graves Amendment has been undermined by inconsistent court rulings that subject lessors to the liability the Graves Amendment intends to prevent.
Summary and Analysis of the Troubled Asset Relief Program
This article cuts to the substance of the Troubled Asset Relief Program, examining the provisions dealing with the actual purchase, management, and sale of troubled assets, with an eye toward the financial community.
Decisions of Interest
Recent rulings of interest to you and your practice.
Features
Postnuptial Agreements
The answer to the question, "Is it better to live in New York or in New Jersey if you want your postnuptial agreement to be enforced?" is plain and simple ' New York is where you need to be. If your client lives in New Jersey, keep him or her away from postnuptial agreements.
Custody Findings Delayed During Military Deployment
Judges in New York will be prohibited from making permanent child custody decisions when a parent has been activated or deployed by the U.S. military, under a bill signed by Governor David A. Paterson. Sponsors said the legislation would guarantee that the custodial status of military personnel will not be permanently changed because of their physical absence from their children while on military duty.
Changing the Post-Marriage Compensation Guidelines
In the previous two months' issues, the author began looking at a contentious proposal to replace New York's current post-marriage maintenance system with new "Post-Marital Income Guidelines." He has expressed some of his reservations about the proposed guidelines; following are a few more.
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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 ›
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- 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 ›