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 Matter of New Creek Bluebelt, Phase 3 (Baycrest Manor Inc.), provides some guidance on three important regulatory takings issues.
- January 01, 2018Jon Houghton
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.
January 01, 2018Scott Flaherty, Chris Johnson, Meghan Tribe, Roy Strom, Miriam Rozen and Lizzy McLellanA 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.
January 01, 2018Max MitchellThis article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.
January 01, 2018Matthew A. FeiginA 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.
January 01, 2018Daniel A. Cohen and Fielding E. HusethYou 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.
January 01, 2018Steven A. Davis and Tyler QuinnIn 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.
January 01, 2018Steven P. BenensonPart Two of a Three-Part Article
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 qui tam to others.
January 01, 2018Andrew W. Schilling and Megan E. WhitehillWill a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?
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.
January 01, 2018Paul BentThe 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.
January 01, 2018Jonathan Bick











