Features
Anti-Money Laundering
As money laundering schemes evolve and become more sophisticated over time, anti-money laundering programs should be periodically reviewed and assessed to ensure that they remain effective.
The JOBS Act
If you are an in-house counsel and have not been studying the JOBS Act, this article is for you.
Supreme Court Issues Four Decisions Favorable to Employers
The U.S. Supreme Court issued four decisions in 2013 involving important questions of employment law that are being widely praised by corporate attorneys for their "pro-employer" rulings.
'Foreclosure Sale'
Special servicers and lenders who have loans secured by real property in Nevada should be aware of a case that is on appeal in that state. Here's why.
Features
The Americans with Disability Act's ATM Standards
Since the March 2012 effective date of the new Americans with Disabilities Act (ADA) standards regulating automated teller machines (ATM), it is estimated that plaintiffs have filed over 100 class action lawsuits in federal district courts across the country.
Features
In the Spotlight: Retail Tenant Bankruptcies
What happens to the landlord when a commercial tenant files for bankruptcy? A look at recent rulings.
Features
The World of Finder's Fees After <i>Futersak v. Perl</i>
Anyone drafting a finder's fee agreement should be aware that they may be walking into a minefield that is waiting to explode if he or she makes a wrong move.
Features
The Code's Safe Harbor Defense
Appellate courts continue to agree on the vitality and breadth of the safe harbor defense contained in Bankruptcy Code (Code) ' 546(e).
Features
Commercial Real Estate Debt Restructuring
For real estate bankruptcy law practices, there is significant opportunity in distressed real estate. This article discusses real estate restructuring teams and how they work.
Features
Beware: Chapter 9 Is Not Just for Cities and Counties
Chapter 9 deals with bankruptcies of municipalities. The Bankruptcy Code's definition of a municipality is not limited to cities and counties. Here's what it means.
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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 ›