Features
When Do COVID-19 Shutdown Orders Excuse Lease Guarantors?
Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.
Columns & Departments
Landlord & Tenant Law
Questions of Fact Remain About Whether Landlord Had Released Corporate Tenant from Liability Yellowstone Injunction Does Not Require Proof of Likelihood of Success Guaranty Expired With Tenant's Initial Lease Term Illegal Use Does Not Preclude Rent Stabilization Status Guarantor Immunity Does Not Apply to Pre-COVID Breaches Class Certification Appropriate for Claim of Improper Deregulation
Columns & Departments
Co-ops and Condominiums
Statements By Condo Board Members Cloaked In Common Interest Privilege Shareholder Entitled to Maintenance Abatement for Breach of Warranty of Habitability
Columns & Departments
Real Property Law
Deference to Trial Court's Determination on Mortgage Priority No Broker Commission for Sale After Expiration of Tail Period Co-Owner Who Did Not Execute Mortgage Not Subject to Equitable Lien By Mortgagee Insufficient Evidence of Delay to Support Laches Defense Against Claim to Set Aside Deed As a Forgery Statements Did Not Defeat Hostility In Adverse Possession Claim
Features
The Care and Feeding of the Legal Client
Do your attorneys know the difference between a customer and a client? I have always defined the difference as a customer is someone who buys something from you once, while a client is someone who keeps coming back to you over and over again; mainly, since the legal industry is becoming more transactional daily. And that subtle difference is what makes a lawyer just a lawyer and one who becomes a rainmaker.
Features
How to Properly Align Marketing, Business Development and Sales
As we move into a post-pandemic era of inflation and recession rumors, it is imminent that we make changes in how we operate and grow our businesses in order to move successfully — and profitably — forward. For law firms, we need to understand how marketing, business development and sales work together to produce new opportunities for revenue growth.
Features
To Have or Not to Have Partner Reviews: A Reflection of Firm Culture
Firms are conducting their mid-year associate reviews around this time. What about partners? Typically, partner feedback is given by means of their new annual compensation. If your firm is not doing partner reviews now is the time to start. As firms are looking for ways to increase retention and survive the great resignation conducting partner reviews might hold the key. Doing reviews makes a statement about your firm's culture.
Features
Do Law Firms Need to Re-think Outsourcing Strategies?
flexible sourcing models, with interchangeable or multiple service providers, is now becoming the mainstay for most client sourcing strategies. This outsourcing trend has been consistent over the past two years, with clients describing their strategies as "multi-vendor" and "multi-sourced."
Features
How Will the Am Law 200 Use Their 2021 Profits?
While nobody seems to think that the current inflationary period constitutes the new normal for the Am Law 200, the sustained demand has helped firms smooth out some of the challenges that will become sharper when there isn't as much legal work to go around.
Features
UPDATE: Did the Supreme Court's 'Arthrex' Decision Open Pandora's Box?
In June 2021, the Supreme Court ruled in U.S. v. Arthrex that the statutory scheme appointing Patent Trial and Appeal Board administrative patent judges to adjudicate IPRs violates the appointments clause of the U.S. Constitution. Specifically, the Court concluded that because APJ decisions in IPR proceedings are not reviewable by a presidentially appointed and Senate-confirmed officer, such determinations are not compatible with the powers of inferior officers. The PTO later decided that it would not accept requests for director review of institution decisions. This policy is now also being questioned in Arthrex's wake.
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