A funny thing happened on the way to the Stone Temple Pilots's 20th anniversary concert tour. The band got divorced.' And it's a pretty nasty split. Three of the original band members'filed a lawsuit [PDF]'against lead singer and frontman Scott Weiland, claiming they'd fired him in February. Yet Weiland has continued to use the band's name to advertise his own performances without them ' in violation of the group's partnership agreement, the complaint alleges. '
The rights of a mortgagee with respect to property held by a married couple as tenants by the entirety engenders considerable confusion, sometimes leading to litigation even of easy cases, where there should be no dispute.
This article addresses how a firm and its management can measure and manage its balance sheet leverage in order to ensure it remains solvent and viable into the future.
In Part One of this series, the author discussed the skills and experience that law firms must consider when admitting lawyers to partner status. As important as each of these areas is, none is more fundamental than the ability to develop new business.
Partner compensation is invariably the topic of most interest in every firm. Not surprisingly, partners will normally advocate a compensation system that favors their particular strong points as attorneys.
In 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.
This 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.
That 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.
This 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.
RPAPL ' 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.
