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Features

Inconsistent Property Description Does Not Invalidate Mortgage Image

Inconsistent Property Description Does Not Invalidate Mortgage

Stewart E. Sterk

Can a purchaser of a condominium unit at the condominium board's foreclosure sale take free of a prior mortgage by identifying errors or ambiguities in the mortgage documents? In 21647 LLC v. Deutsche National Trust Co., the District Court for the Southern District of New York rejected a bevy of claims raised by the purchaser and held that the purchaser had constructive notice of the mortgage and took subject to the mortgage's priority.

Features

Inflation, Interest Rates, and Already-Increasing Commercial Bankruptcy Filings Image

Inflation, Interest Rates, and Already-Increasing Commercial Bankruptcy Filings

Erich N. Durlacher

What Should Financial Institutions Do Now In Anticipation of a Potential (and Long-Awaited) Downturn What should a prudent lender be doing right now to "brace" itself for the coming financial uncertainty? Adopt a five-point "CAPER" strategy: Communicate, Analyze, Preserve, Execute, and Resolve.

Features

Unseen Champions: Hiring for Long-Term Success Image

Unseen Champions: Hiring for Long-Term Success

Corey Castillo

In the current talent war, many law firms are hunting for talent with a focus on traditional "industry experience" and prestigious educational backgrounds as familiar criteria in their candidate search process. But what if law firms are missing high value talent — on both the legal and administrative side — that may be right under their nose?

Features

Outsourcing and the Difference Between Service and Hospitality Image

Outsourcing and the Difference Between Service and Hospitality

Anthony Davies

Today we see outsourcing accelerating as the pandemic has served to highlight the traditional benefits of outsourcing: cost reduction, flexibility, expertise and efficiency. But providers need to do something more to increase satisfaction rates among their law firm clients.

Columns & Departments

Players On the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Features

Carrots and Sticks: DAG Lisa Monaco Puts Her Stamp on DOJ'S Corporate Criminal Enforcement Policies Image

Carrots and Sticks: DAG Lisa Monaco Puts Her Stamp on DOJ'S Corporate Criminal Enforcement Policies

Harry Sandick & Hilarie Meyers

Going back many decades, each Deputy Attorney General (DAG) has promulgated revisions to the DOJ's corporate criminal enforcement policies, leaving behind eponymous policy memos that were carefully studied by defense attorneys. Like her predecessors, Deputy Attorney General Lisa Monaco has been quick to announce a series of revisions to DOJ's corporate criminal enforcement policies and practices.

Columns & Departments

Development

NYRE Staff

Article 78 Proceeding Not Ripe Even Though ZBA Had Not Made a Decision Within 62-Day Time Limit Challenge to Landmark Designation Was Ripe and Stated Plausible Taking and Due Process Claims Landowner Did Not Acquire Vested Rights Based on Invalidly Issued Building Permit ZBA's Grant of Special Use Permit Upheld

Features

Fifth Circuit Follows Ninth Circuit, Allows Post-Bankruptcy Contract Rate Interest In Solvent Debtor Case Image

Fifth Circuit Follows Ninth Circuit, Allows Post-Bankruptcy Contract Rate Interest In Solvent Debtor Case

Michael L. Cook

"… [B]ecause Congress has not clearly abrogated the solvent-debtor exception," the U.S. Court of Appeals for the Fifth Circuit held that a reorganized solvent debtor had to "pay what it promised now that it is financially capable."

Features

Hiring for Long-Term Success Image

Hiring for Long-Term Success

Corey Castillo

Many law firms are hunting for talent with a focus on traditional "industry experience" and prestigious educational backgrounds as familiar criteria in their candidate search process. But what if law firms are missing high value talent — on both the legal and administrative side — that may be right under their nose?

Features

Cybercrime and Bankruptcy: The Crypto Winter Image

Cybercrime and Bankruptcy: The Crypto Winter

Sean J. Coughlin & Vivian B. Isaboke

It comes as no surprise that the crypto winter has reinforced the perception of critics that digital currencies are "risky, flawed and unproven digital financial instruments." This article analyzes the state of the cryptocurrency market and examines the impact of cybercrimes and crypto bankruptcies on the current market.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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