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Columns & Departments
Broker Breaches Fiduciary Duty By Making Offer That Competes With Client<br>Amendment to Association Bylaws Not Effective Until They Are Recorded<br>Seller Entitled to Cancel Contract When It Could Not Clear Title<br>Buyer's Waiver of Defects In Title Preclude Cancellation By Seller<br>Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues<br>Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner<br>Easement By Prescription Established
Features
Legislation expanding the types of personal data that will trigger a required notification to customers in case of a breach, including email addresses and passwords, was signed into law by Gov. Phil Murphy.
Features
The Fifth Circuit Court of Appeals recently issued a decision that explains some of the requirements for deducting litigation expenses. The facts of the case are bizarre, but the controlling legal principles are not.
Features
The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
Features
The case is rooted in an underlying lawsuit filed nearly two decades ago in New York by black music promoters Leonard Rowe and Lee King against the William Morris Agency and several other booking and talent agencies.
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Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.
Features
It has been generally understood that recognition of a foreign bankruptcy proceeding under Chapter 15 is a prerequisite to the enforcement by a U.S. court of an order or judgment entered in such a foreign bankruptcy proceeding under the doctrine of "comity." A ruling recently handed down by the U.S. District Court for the Southern District of New York directly challenges that principle.
Features
It is axiomatic that companies cannot do wrong without the actions of individuals. However, the trend over the past few decades, with a few exceptions, has been that individuals generally were not prosecuted for their roles in corporate wrongdoing that harmed the public welfare. However, there appears to be a recent escalation in prosecutions of corporate executives.
Features
At the end of the day, a lot of noise is created in the effort to hear the voice of the client. We propose that while these efficiencies and innovations in law are valuable, the clients keep asking for something different: a lawyer who deeply understands their business and their specific issue — at the time they need it.
Features
New York's financial regulatory agency has created a first-in-the-nation cybersecurity division to place special focus on protecting the state's consumers and industries from digital threats.
