Cooperatives & Condominiums
The purchaser of a cooperative apartment at a non-judicial foreclosure sale faces an uphill battle to regain possession of the property from an unwilling prior owner. Here's why. Also, a look at an action by a co-op unit owner against the co-op for trespass, conversion, and breach of the covenant of quiet enjoyment.
MT Court: Companies Must Show Prejudice to Avoid Coverage Based on Late Notice
In two recent decisions, the Montana Supreme Court held that an insurance company seeking to deny coverage on the grounds of a policyholder's untimely notice must establish that it was prejudiced by the timing of notice.
Features
District Court Affirms Cramdown Interest Rate Calculation
An update on the <I>Momentive</I> series of cases regarding the cramdown interest rate. Where do we go from here?
Columns & Departments
Real Property Law
Litigation involving a forgery claim; partition and sale; a foreclosure proceeding; restrictive covenants; and recovery of damages for breach of a title insurance policy.
Features
Tackle Billing Now To Avoid a Year-End Surprise
Attorneys rarely think about billings and collections in the summer. Instead, those are topics often left to the year-end collections push. By waiting, however, attorneys lose money, assume risks and otherwise miss important red flags for potential problems that can be avoided or resolved.
Features
Easy-to-Use Collection Technology Leads to Lower e-Discovery Costs
Corporate legal departments are all about cost control and efficient processes, yet when hit with a new investigation or lawsuit, legal teams often reflexively fall back on the "collect everything" mentality. The emergence of targeted and remote collection technologies now makes it possible for corporations to collect in a legally defensible way that reduces cost and minimizes business disruption.
Features
Law Firm 3.0: Compensation, Billable Hour Limiting Firms' Success
This is the second installment of a series examining the shift in law firm business models and the issues law firms must address to remain competitive in a new age of providing legal services. The third installment will appear later this year.
Features
Proxy Advisory Firms
For the past several years, I have been tasked with providing an update on proxy advisory firms, most notably ISS and Glass Lewis, and the evolving policy updates they issue on an annual basis.
Features
Building a Vendor Management Program
In-house counsel are facing a dramatic increase in discovery costs, the associated expenses related to compliance and a growing emphasis on initiatives such as diversity programs within an increasingly challenging economic landscape.
LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases
The SEC has pursued FCPA enforcement actions against companies that make contributions to charities to curry favor with foreign officials, who oversee awards of government contracts and "hint" that a contribution to such a worthy organization would be welcome.
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