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Recently, the highest German Court, the Federal Constitutional Court confirmed a new human right regarding a person's 'confidentiality of data and integrity of IT systems.' The judgment is a landmark decision that will have impact on further legislative activity as well as IT jurisdiction in various areas. The new right is being derived from the 'general personal right,' one of the fundamental human rights of the German constitution.
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With review sites, blogs and commentary appearing everywhere online ' and who knows if anyone other than these sites' creators read them ' let's examine the legal implications of online commentary, everything from writing a review of a book you love on Amazon.com, to registering a domain name and creating a Web site.
Commercial landlords need to be aware of the specific mechanic's lien laws in the states in which they own property and take all appropriate steps to ensure that their property does not become subject to a lien as a result of their tenant's improvements.
Some of the more contentious provisions in commercial leases have to do with the landlord's right to recapture the leased premises upon an assignment or sublease; relocation of the tenant to other space; co-tenancy; netting of expenses; and acceleration of rent upon a default. Often the parties will be at loggerheads over these provisions and pessimistic that their differences can be bridged. However, there are concepts that can serve to bridge the gap, and this article discusses some of them in the context of those types of lease provisions.
This article provides a brief explanation of nine aspects of leases that should be reviewed by the purchaser of income-earning commercial real property or its legal advisers during the due diligence period.
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Because the challenges facing a developer multiply when it no longer owns an entire project, careful planning and documentation are required in advance of any transfer. While this article addresses issues that arise when different portions of a project are owned by different parties (transfers in general), the main focus is on the issues that arise when different portions of the project are owned by affiliated parties (transfers to affiliates), primarily because those issues are easy to overlook.
Recent rulings of interest to you and your practice.
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Recent happenings that may affect your practice.
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In matrimonial litigation the marital residence often constitutes the parties' most valuable asset. Equitable distribution of this asset can involve issues that may or may not have been anticipated at the outset of the litigation. Within the process of accomplishing an equitable division of the home are considerations of separate property credits, capital gains taxes, expenses relating to the residence and timing of valuation of the home. In this month's issue, we discuss separate property credits.
In vacating a lower court ruling, the Appellate Division, Second Department, at the end of March, wiped off the books the sole remaining decision refusing to recognize same-sex marriages solemnized in other jurisdictions. To prevent the lower court's ruling from being 'used as a precedent in future cases,' a unanimous panel in an unsigned opinion vacated a Long Island judge's 2006 decision that denied recognition to a gay couple's Canadian marriage.