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Development
Use Variance Not Necessary for Use of Home As AirBnB Rental Merger of Back-to-Back Lots
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State High Court Preserves Lenders' Tort Claims Against Debtors' Insiders
A lender's state law tort claims against "non-debtor third-parties for tortious interference with a contract" were "not preempted" by "federal bankruptcy law," held the New York Court of Appeals.
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COMPETITIVE INTELLIGENCE: Powering Nonprofits With Research
In a time when many of us are searching for ways to help support others, could we use our research super powers to support nonprofit organizations in their philanthropic work? I think Yes!
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Looking Ahead to Avoid Spoliation Sanctions
A recent Federal Circuit decision denying a petition for a writ of mandamus should serve as a cautionary tale and reminder for corporate entities regarding the critical importance of preserving documentary evidence in a timely and appropriate manner.
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Late Year Collections Could Make or Break 2020 Profitability
Success in 2020 is likely to come down to who your clients are. If they were hit hard by the pandemic that will trickle down to their vendors, including law firms. But for others, the top line could come out nearly unscathed.
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Extra-Judicial Evictions of Commercial Tenants During COVID-19
This article addresses and updates the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.
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MARKETING TECH: Leveraging Data to Drive Innovation in A Post-Pandemic (We Hope) World
With a new year and fresh outlook for the future, the time is ripe for legal technologists and innovators to take the delivery of legal services and client experience to the next level. One key is recognizing that successful innovation — be it turning best practices into standard operating procedures, or reinventing the law firm business model altogether — is equal parts mindset, method and message.
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Is Accountant Malpractice Compensation Taxable?
If a taxpayer suffers a loss by reason of errors made by a tax advisor, and the tax advisor makes a payment to compensate the taxpayer for the loss. May the payment be excluded from the taxpayer's income subject to tax?
Columns & Departments
Real Property Law
Stranger to the Deed Rule Does Not Bar Easement Claim Misconduct By Mortgagor's Lawyer Voids Foreclosure Sale Permissive Exclusive Use of Common Driveway Does Not Extinguish Easement Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default
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USPTO Sets Precedent on Collective Patent Defense Groups with RPX Ruling
It took two years and a last-minute substitution of judges for the U.S. Patent and Trademark Office (USPTO) to rule that RPX Corp. was too close to a dues-paying member to bring a patent validity challenge.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›