Leasing Office Space and the Impact of Millennials
With 80% of the buildings that will be here in 2030 already in existence, what should you be looking for when you sign a long-term lease?
Features
Standing the Test of 'Time Is of the Essence'
Real estate purchase and sale contracts have included the magic language, "Time is of the Essence" (TOE), seemingly since time immemorial. Practitioners should be mindful, however, of the meaning of TOE and the significance of its absence from a contract.
Arbitration Issue in Suit Against Roger Ailes
A sexual harassment suit filed against Fox News Network chairman and CEO Roger Ailes by former anchor Gretchen Carlson is influenced by varying climates in New Jersey and New York when it comes to arbitration agreements.
Columns & Departments
Case Notes
Cases involving a non-paying restaurant tenant and statutory theft.
Features
Federal Circuit Provides Clarity For Contract Manufacturing On-Sale Invalidity Claims
In <i>The Medicines Company v. Hospira</i>, the Federal Circuit provided clarity and guidance to companies that rely on contract manufacturing, holding that "to be 'on sale' under '102(b), a product must be the subject of a commercial sale or offer for sale, and that a commercial sale is one that bears the general hallmarks of a sale pursuant to Section 2-106 of the Uniform Commercial Code."
Features
Six Keys to a Successful Law Firm Merger
Over the past two years I have been involved in three merger situations and I am currently working on two more. I have come away with six factors that, I believe, determine the success or failure of law firm merger discussions.
Features
<i>Cuozzo</i> Upholds PTAB Authority
In June, in <i>Cuozzo Speed Technologies</i>, the Supreme Court upheld the prior Federal Circuit decision that a patent owner cannot, in most circumstances, appeal the decision of the Patent Trial and Appeal Board to institute an inter partes review.
Enforceability of Mandatory Arbitration in Online Contracts
The Consumer Financial Protection Bureau has issued a proposed rule that would limit the use of mandatory arbitration in certain consumer finance contracts, including online agreements. This article focuses on the differing results reached in recent cases involving defendants' motions to compel arbitration.
Features
The Adjudication of Affordability
In catastrophic personal injury actions, the largest element of compensatory damages often is the measure of the cost of lifetime future medical care. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
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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 ›
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- 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 ›