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Columns & Departments

Real Property Law

NYRE Staff

Partner Had Authority to Sell Tenancy In Common Property Title Report Put Subsequent Lender on Inquiry Notice of Prior Mortgage Administrator Did Not Breach Covenant Against Grantor's Acts Co-Tenant Establishes Title By Adverse Possession

Features

Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear Image

Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear

Theresa A. Driscoll

The Supreme Court concluded that because the 2017 amendments exempted debtors located in two States, it was not "uniform" as it did not apply equally to all debtors regardless of where they were situated and, therefore, the statute was unconstitutional.

Features

Waiver of Corporate Privilege By An Individual Defendant Image

Waiver of Corporate Privilege By An Individual Defendant

Benjamin Rosenberg

Individual employees often act pursuant to advice from their in-house counsel. If named as a defendant in which her action is challenged, the employee may want to assert advice of corporate counsel as a defense. But the privilege belongs to the employer, not the employee, and the employer may refuse to waive the privilege. Can the court abrogate the employer's privilege over the objection of the employer, and if so under what circumstances?

Features

Removing Restrictive Covenants In New York Image

Removing Restrictive Covenants In New York

Stewart E. Sterk

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Features

Five Essential Steps for Lawyers to Effective Legal Marketing Image

Five Essential Steps for Lawyers to Effective Legal Marketing

Olivia Vizachero

Learning how to market yourself does not have to be difficult. Here are five simple steps you need to follow.

Features

2d Cir. Rules for Baron Cohen In Dismissal of Judge Moore's Defamation Case Image

2d Cir. Rules for Baron Cohen In Dismissal of Judge Moore's Defamation Case

Jane Wester

Following up on an article in the July issue of Entertainment Law & Finance that detailed some of the arguments made before the U.S. Court of Appeals for the Second Circuit in Roy Moore's defamation suit against Sacha Baron Cohen, the court has issued its ruling.

Features

Congress and the Evolving SECURE Act Image

Congress and the Evolving SECURE Act

Lawrence L. Bell

The SECURE Act aims to encourage Americans to save more for retirement, in part by making that process easier. SECURE 2.0, recently passed by the House of Representatives would continue to tweak the rules for contributing to and withdrawing from retirement savings vehicles. It's on its way to the Senate.

Columns & Departments

Development

NYRE Staff

Denial of Area Variance Upheld Enactment of Historic Preservation Law Did Not Require Hearings

Features

It May Not Be Too Late to Assume That Lease Image

It May Not Be Too Late to Assume That Lease

Paul A. Rubin & Hanh V. Huynh

Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.

Features

White-Collar Enforcement Under the Biden Administration Image

White-Collar Enforcement Under the Biden Administration

Nate Robson

After much saber-rattling, the Biden administration's focus on white-collar corporate compliance is finally coming into focus. Law firms and white-collar compliance experts have long warned the administration's ramped-up focus was coming, but the pandemic largely nixed any initiatives. A spate of recent settlements coupled with the addition of a new white-collar leader at the U.S. Department of Justice is giving the public a look into what compliance will look like under Biden.

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