Features
Is There Standing to Prosecute Fraudulent Transfer Claims if Unsecured Creditors Have Been Fully Paid?
The answer depends, in part, on where the debtor's case is pending. In the Second Circuit, courts allow defendants to escape exposure to fraudulent transfer actions if the debtor's estate cannot identify at least one general unsecured creditor who would benefit from a recovery in that litigation. Not so in other courts.
Columns & Departments
Practice Tip: Traveling Globally
Increased concern about international child abductions has led the Department of Homeland Security and the State Department to institute certain policies and procedures for single parents travelling internationally with a child. Practitioners should pay attention to these special considerations, particularly with summer travel on the horizon.
Features
Paper's Hidden Security Risk
It is almost impossible to open a newspaper today without reading about cybersecurity breaches. Target Corp., Neimann Marcus and many other companies have been targeted, and many experts think it is only a matter of time until law firms are targeted (if it's not too late already). All this "cyber risk" may have you pining for the days before computers, when almost all information was stored on paper.
Features
Exhibits: Details and Timing
Today's lease exhibits are more numerous, have greater detail and often make up major terms and provisions of the lease. They need to be prepared and negotiated early in the lease preparation and negotiation process.
Features
Protect Your Brands on Social Media
Online counterfeit sellers are increasingly more sophisticated and are engaging in social media counterfeiting to exploit social media tools to bolster their sales of counterfeit products online.
Features
Coping with Evolving Cybersecurity Rules
Cybersecurity and data protection, more than ever, are priority items for the government and private sector. The government has reacted by proposing legislative "fixes" that would require organizations to satisfy basic levels of cybersecurity protection and disclose breaches or face fines. Whether a mandatory compliance model will be effective given the rapid pace by which technology advances is unclear. It may be unrealistic to expect the government's legislative pace to keep up with hackers.
Features
Analyzing Child Custody Reports
This article is the first installment of a four-part series offering a model for attorneys to use when faced with the task of deconstructing a forensic custody assessment.
Features
Intercreditor Agreements
This is the fourth article in a series covering various aspects of intercreditor agreements.
Columns & Departments
Real Property Law
Analysis and discussion of several key cases.
Features
Media & Communications: E Pluribus Unum: How to Think Like a Lawyer in the Crowd
Is crowdsourcing valuable? An in-depth discussion.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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 ›