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Features

The Enforceability of No-Waiver Provisions in Commercial Leases

Alexander Lycoyannis

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?

Stewart E. Sterk

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

Jennifer Wasylyk

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

Crystal E. Buit

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

ALM Staff & Law Journal Newsletters

In-depth discussion of a case in which investors won a Madoff 'fictitious profits' appeal.

Columns & Departments

Decisions of Interest

ALM Staff & Law Journal Newsletters

Analysis of key rulings of important to New York family law practitioners.

Features

Information Governance Career Options

Bryn Bowen & Samantha Lofton

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

ALM Staff & Law Journal Newsletters

Expert commentary on three pivotal cases.

Legal Market Stabilizes, Poised For Growth in 2015

Wenxiong Zhang

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

Leigh Baseheart Kahn

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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