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Features

Clarity for New York Takings Law Image

Clarity for New York Takings Law

Jon Houghton

Determining whether or not a government regulation constitutes a “taking” for the purposes of the Fifth Amendment can be a complex endeavor. The recent Second Department decision of <i>Matter of New Creek Bluebelt, Phase 3 (Baycrest Manor Inc.)</i>, provides some guidance on three important regulatory takings issues.

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2018: What Last Year's Trends Can Mean for Big Law Image

2018: What Last Year's Trends Can Mean for Big Law

Scott Flaherty, Chris Johnson, Meghan Tribe, Roy Strom, Miriam Rozen & Lizzy McLellan

With the new year upon us, law firms have just been through the typical year-end crush of collections, budgeting, compensation decisions and more. The authors recently took a look at 2017's hottest trends, and explored what we could expect from them in 2018.

Features

Class Counsel Get Favorable Ruling in NFL Concussion Litigation Image

Class Counsel Get Favorable Ruling in NFL Concussion Litigation

Max Mitchell

A federal judge sided with class counsel in the NFL concussion litigation on several disputes, including how the former players' claims should be processed and whether attorney fee awards should be delayed until more payments are made to the claimants.

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Federal Tax Errors That Attorneys Make Image

Federal Tax Errors That Attorneys Make

Matthew A. Feigin

This article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.

Features

The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey Image

The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey

Daniel A. Cohen & Fielding E. Huseth

A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.

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Examine KPIs on a Micro-Level to Boost Law Firm Profitability Image

Examine KPIs on a Micro-Level to Boost Law Firm Profitability

Steven A. Davis & Tyler Quinn

You say your law firm is profitable. How do you know? To fully understand your law firm's results of operations and financial condition, you should measure and examine key performance indicators (KPIs) on a granular level. Looking beyond high-level KPIs can provide actionable information to make operational and strategic decisions.

Features

Defeating Certification of “No-Injury” Consumer Protection Class Actions Image

Defeating Certification of “No-Injury” Consumer Protection Class Actions

Steven P. Benenson

In the past several years, plaintiffs' firms have threatened or brought class actions against different companies under New Jersey's Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.

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The False Claims Act Seal: The DOJ's Position Image

The False Claims Act Seal: The DOJ's Position

Andrew W. Schilling & Megan E. Whitehill

<b><i>Part Two of a Three-Part Article</i></b><p>Notwithstanding the absence of an explicit gag order in the statute, the DOJ takes the position that, even if the relator properly files the case under seal at the outset, that relator can later “breach the seal,” and be subject to judicial sanction, if he or she discloses the existence of the <i>qui tam</i> to others.

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'Trial of the Century' Takes on Hell or High Water Image

'Trial of the Century' Takes on Hell or High Water

Paul Bent

<b><i>Will a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?</i></b><p>There is change afoot in the equipment leasing marketplace, and it portends a potentially seismic shift in the perception, usefulness and utility of the well-tested HOHW clause.

Features

Internet Goods and Product Liability Image

Internet Goods and Product Liability

Jonathan Bick

The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.

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