Features

The 'Gray Divorce' Phenomenon
An 82-year-old client recently requested a divorce from her husband of 57 years. When asked why, she responded, "I want to live a little before I die." And she is far from the only one.
Features

Cross-Border Leasing
Court-appointed receivers typically assume control over all of a debtor's property, including the debtor's leased equipment. The receivership order will also typically grant the receiver a priority charge over the debtor's assets in order to secure the receivers' fees and other costs. This is sometimes a point of contention with equipment financiers who would rather have their equipment excluded from the receivership.
Columns & Departments
Real Property Law
A case in which a mortgagee claimed that the statute of limitations barred enforcement of the mortgage.
Features

<b><i>Leadership:</i></b> How to Create a Collaborative Law Firm Culture
Retaining valuable talent, as many readers likely know, means staying connected to the clients. But, especially at the mid and junior levels of the firm, retaining talent can be as complicated and as simple as creating a collaborative culture.
Features

Second Department Explores Scope of Conservation Easement
The conservation easement has become a common mechanism for achieving a variety of preservation objectives. Occasionally, however, disputes arise about the easement's scope: What remaining uses can the grantor of the easement make of the underlying fee interest?
Features

3D Printing and Product Liability in the U.S. and UK
The potential for product liability claims concerning objects created via 3D printing is obvious. Last month, the authors discussed some of these. Now, they look at how the law is developing in two countries ' the United States and Great Britain ' as their legal systems attempt to assign liability to the correct actors.
Features

<i>Decision of Note:</i> 'Buck Rogers' Dilution Claim Remains in Play
The U.S. District Court for the Eastern District of Pennsylvania dismissed a false designation-of-origin claim under the federal Lanham Act in a "Buck Rogers" trademark dispute, but allowed the plaintiff to proceed with a trademark dilution claim under the federal statute.
Columns & Departments
<b><i>At the Intersection:</i></b> 'Get a GRIP' on Collaboration
While Google's People Analytics Division has been able to spotlight some prerequisites for a climate of collaboration, it has not defined practical action steps for implementing effective collaboration. So all across the legal profession, frustrated leaders' voices continue to ask, "What exactly do I do?"
Features

Update: The ACOG's New Opinion on Obstetric Violence
In June, informed refusal and obstetric violence were the topics of a panel counsel discussion at the American Conference Institute's 13th Annual Advanced Forum on Obstetric Malpractice Claims. Also in June, ACOG an opinion on Refusal of Medically Recommended Treatment During Pregnancy. With the maturing of the topic in the media and legal discussions, it's time to take a look at the recent developments.
Features

Selling Products Without Optional Safety Equipment
The American consumer is bombarded with advertisements extolling the features of thousands of products ranging from motor vehicles to smartphones. The ads focus on the most distinct features of each product and barely mention that many of these features can only be acquired if the consumer selects the most expensive version of the product.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›