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Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Foreclosure Sale Bidder Entitled to Return of Down Payment When Title Was Not MarketableInadequacy of Price Does Not Establish Duty to Inquire About Fraud

Features

Hospitality Performance Tests In the Real World Image

Hospitality Performance Tests In the Real World

Todd E. Soloway & Bryan T. Mohler & Itai Y. Raz

Hotel management agreements often contain language permitting a hotel owner to terminate if the hotel’s performance fails to meet certain financial metrics. This provision, colloquially referred to as the “performance test,” is touted as a form of protection for owners by providing a right to terminate (or to receive a “cure payment”) if the hotel underperforms. But the reality is performance tests are generally structured to make them difficult, if not impossible, to fail, leaving hotel owners without the financial protection they thought they bargained for — or worse.

Features

Subchapter V Could Be Ideal Choice for Franchisees Image

Subchapter V Could Be Ideal Choice for Franchisees

Craig R. Tractenberg

When franchisees choose to financially reorganize under the Bankruptcy Code, they may be the right size to choose to reorganize under Subchapter V of Chapter 11. Where the franchisor and the franchisee cannot reconcile, Subchapter V may provide the franchisee with breathing room and leverage to be revitalized.

Features

Do Pharmaceutical Patents Do More Harm Than Good? Image

Do Pharmaceutical Patents Do More Harm Than Good?

Ikenna C. Ejimonyeugwo

This article discusses how a pharmaceutical patent works, its role in drug development, and the polarizing impact it has on global health care.

Features

Can Your Spouse Help You Find New Clients? Image

Can Your Spouse Help You Find New Clients?

Bryce Sanders

Sooner or later, everyone needs a lawyer. It has been said the average American knows 600 people. You might have done a good job at raising awareness among your friends about how your can help them. Your partner likely knows 600 people too. There is overlap, but plenty of new names. Can they spot a business opportunity and tell your story?

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable recent court filings in entertainment law.

Features

Most Companies Don’t Honor Privacy Opt-Outs Image

Most Companies Don’t Honor Privacy Opt-Outs

Maria Dinzeo

Global privacy control lets computer users set privacy preferences in their browsers, automatically sharing those choices whenever users go to a site. It’s supposed to give individuals more control over their personal data, allowing them to opt in or out of cookie usage, data sharing, data selling and targeted advertising.But they only work if companies honor them. And in most instances, they don’t.

Features

How to Turn More Lawyers Into Rainmakers Image

How to Turn More Lawyers Into Rainmakers

David H. Freeman

As a leader, one of your main responsibilities is helping your lawyers generate more revenue. But what tools and approaches can you employ to make that happen?This article shares insights from a five-week mastermind program conducted with 20 Professional Development experts from Am Law 200 firms.

Features

Despite SCOTUS Ruling, Aggravated Identity Theft Statute Ripe for Overreach Image

Despite SCOTUS Ruling, Aggravated Identity Theft Statute Ripe for Overreach

Andrew Mancilla & Robert Fantone

Despite a Supreme Court ruling aimed to curb the prosecutorial overreach of the Aggravated Identity Theft Statute by narrowing its interpretation, the statute remains inherently vague, perpetuating unjust outcomes. Without legislative amendment or more definitive judicial guidance, the statute will continue to serve as a tool for prosecutorial overreach.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Limited Warranty Establishes Defense to Consequential Damages Claim Against Sponsor

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