LJN Newsletters

  • Plan Now, Or Pay Later

    Week after week, month after month, warnings flood e-commerce, and brick-and-mortar enterprises, about the technology we all have come to depend on at home and at work. New threats from viruses, hackers or just bug-filled software make the cliche, "Can't live with it, can't live without it" an increasingly accurate descriptor of our high-tech world.
    But could we really live for long without our computers? Instead, long before anyone worried about the virus of the day, businesses planned against disaster to avoid any type of disruption to the many devices we rely on.

    July 01, 2004Stanley P. Jaskiewicz

  • Electronic Records Management: The Legal Problem That Lurks Behind the Scenes

    You think your client's company has a good case. From what you can gather, the allegations that your company, or one you represent, stole trade secrets from a rival are completely unfounded. But then you enter discovery. Your opposition requests a whole host of e-mails ' predictable these days.
    Outside and in-house counsel quickly realize that with all the storage IT departments have added to accommodate the expanding volume of e-mails a company produces, some firms have no systematic program for eliminating no-longer needed e-mails. As a result, you learn that the amount of e-mails and related electronic documents that must be retrieved under discovery is staggering - hundreds of thousands. It soon becomes clear that, although the case should have been defendable, it's more financially sound for the company to begin negotiating a settlement.

    July 01, 2004Bob Tillman

  • Index

    A list of everything contained in this issue, for your easy access.

    June 30, 2004ALM Staff | Law Journal Newsletters |

  • Development

    Recent cases you need to know.

    June 30, 2004ALM Staff | Law Journal Newsletters |

  • The Powerful Impact of the Non-Foreclosure Notice of Pendency

    RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. See, Chiarelli v. Kotsifos, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); Campbell v. Smith, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.

    June 30, 2004Joel David Sharrow

  • Landlord & Tenant

    Important rulings you need to know.

    June 30, 2004ALM Staff | Law Journal Newsletters |

  • In The Marketplace

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

    June 30, 2004ALM Staff | Law Journal Newsletters |

  • Ford Motor Credit Reaches Settlement with States over Leasing Practices

    The office of the Michigan Attorney General has announced that it has reached a multistate settlement with Ford Motor Credit regarding its leasing practices. This settlement will affect more than 150,000 Ford customers and bring $485,500 to the state of Michigan in legal fees and costs.

    June 30, 2004ALM Staff | Law Journal Newsletters |

  • Treasury Extends the 'Make Available' Provisions of the TRIA

    In an announcement that comes as a relief to the leasing industry, the Treasury Department stated on June 18 that it will extend the "make available" provisions of the Terrorism Risk Insurance Act (TRIA) through 2005, the third year of the federal Terrorism Risk Insurance Program.

    June 30, 2004ALM Staff | Law Journal Newsletters |