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Features

The Most Crucial Commercial Lease Cases Image

The Most Crucial Commercial Lease Cases

Adam Leitman Bailey & Dov Treiman

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 Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Assignments: Paying Agent Not Liable to Assignee Image

Assignments: Paying Agent Not Liable to Assignee

Barry A. Graynor

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 Image

Eleventh Circuit Upholds Graves Amendment

Connie Ariagno & David G. Mayer

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 Image

Summary and Analysis of the Troubled Asset Relief Program

By Erik D. Klingenberg

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 Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

NJ & CT News Image

NJ & CT News

ALM Staff & Law Journal Newsletters

What's going on in neighboring states.

Features

Postnuptial Agreements Image

Postnuptial Agreements

Judith E. Siegel-Baum & Stephanie F. Lehman

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 Image

Custody Findings Delayed During Military Deployment

Joel Stashenko

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 Image

Changing the Post-Marriage Compensation Guidelines

Alton L. Abramowitz

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

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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