Features
The Enforceability of No-Waiver Provisions in Commercial Leases
When faced with the argument that it has violated its lease, a commercial tenant often takes the position that the landlord, by its conduct and/or inaction, has waived such alleged breach. Anticipating such arguments, commercial landlords frequently insert "no waiver" provisions into their leases.
Features
When Does 'Voluntary Payment' Preclude Recovery of Overcharges?
When a tenant erroneously pays more rent than a lease requires, can the tenant recover the amount of the excess payments? Answering that question requires exploration of the perplexing voluntary payment doctrine, which continues to rear its head in New York cases.
Security Interests In Railcars
The railcar leasing industry in Canada and throughout North America has seen remarkable growth in recent years. The aging and gradual failure of current fleets of railcars, the desire to implement newer technology and the introduction of regulations that require the replacement of tank cars or retrofitting means that railcar leasing activities will continue to increase in coming years. This article provides an overview of the process for registering security interests over railcars in Canada, which is similar in many respects to the process for registering railcar security interests with the Surface Transportation Board in the United States. We also outline several considerations of which to be mindful when registering security interests over railcars in Canada.
Features
Drafting Considerations for Parenting Plans
While attorneys and the courts look to parenting plan provisions to alleviate tension and provide a mechanism by which to assist parties in operating on a daily basis, missed parenting plan provisions, or ambiguous ones, can lead to confusion and conflict between parents down the road.
Columns & Departments
In the Courts
In-depth discussion of a case in which investors won a Madoff 'fictitious profits' appeal.
Columns & Departments
Decisions of Interest
Analysis of key rulings of important to New York family law practitioners.
Features
Information Governance Career Options
Regulatory and business pressures have upped the ante for data management, and information governance (IG) has emerged as the new buzzword for meeting and beating these stakes. IG is a new way of looking at information management that combines the best of what's come before with new perspectives and approaches to keeping information secure, accessible and available.
Columns & Departments
Development
Expert commentary on three pivotal cases.
Legal Market Stabilizes, Poised For Growth in 2015
A 2015 Client Advisory issued by Citi Private Bank detailing the state of the legal industry finds that large law firms are in a better position to hope for steady revenue growth from 2014 into 2015.
Features
Opening the Door
Discussion of a case involving a violation of the ban precluding an attorney from providing a copy of the forensic report to a client -- and what the subsequent ruling means to family law in New York,
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