Features
Enforcing International Arbitral Awards in U.S. Courts
This article gives an overview of how to enforce an international arbitral award in the United States. It provides a guide to applicable treaties and explains special procedural considerations that should be taken into account.
Trying 'Best-Efforts' Cases
This article offesr concrete tips ' based on the authors' experience from several recent trials ' for defending a best-efforts case.
Features
Best Practices (And Even Better Questions) to Apply to Your Back-Office Operations
While the economy continues to limp along and the experts continue to predict a flat legal market, it is more important than ever to ensure your back-office operations are functioning in the most cost-effective, efficient way possible.
'Discovery Rule' Does Not Apply
In <i>Gabelli v. Securities and Exchange Commission,</i> the Supreme Court unanimously concluded that Section 2462's limitations period began to run from the date of the alleged misconduct, not from the date the SEC discovered the alleged fraud.
Features
New Litigation Trends Survey Reveals a Rising Tide
A look at The 9th Annual Litigation Trends Survey, commissioned by Fulbright & Jaworski L.L.P. and conducted during 2012 by an independent research firm.
Features
Outparcels in Retail Projects
The key to being able to sell or lease an outparcel successfully may often turn on the care that was taken by the initial developer of the subject project.
Columns & Departments
Business Crimes Hotline
Analysis of two key rulings.
In the Courts
A look at a recent decision involving the SEC and the "discovery rule.
Features
NY State White Collar Enforcement for the 21st Century
Over the last several decades, the federal government moved ahead of New York in attacking the problem of white-collar crime .But now, the state has launched the New York State White Collar Crime Task Force..
A Terrible Trap
The FAR trap that is buried deep ' is found at 3.1003 and 52.203-13 and is known as the 'mandatory disclosure rule.'
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- 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 ›