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The 'Unfinished Business' of Failed Law Firms Image

The 'Unfinished Business' of Failed Law Firms

Robert W. Dremluk & Ryan Pinkston

Recently, two New York federal district courts reached conflicting decisions in the Coudert and Thelen bankruptcy cases with respect to a law firm's purported ownership interest in future profits from its former clients' matters pending on the date of the law firm's dissolution, or "unfinished business."

Features

Why Clients Fire Firms Image

Why Clients Fire Firms

Aric Press

Why are firms losing important, blue-chip clients? Let us count the ways.

Features

Avoiding Liability in Employee References Image

Avoiding Liability in Employee References

Gary S. Kessler & Philip G. McNicholas

An employer must be careful when providing employment references. However, recent case law demonstrates the difficulty an employee faces in trying to establish defamation by a former employer.

Could Settling Cost You $1,000 Per Day? Image

Could Settling Cost You $1,000 Per Day?

Robert G. Brody & Rebecca Goldberg

Imagine settling an employment discrimination claim for $450,000 and then getting a bill for $90,000 more than three months later! As of Jan. 1, 2012, this has been possible, and most private employers have no idea it could happen.

The FMLA, Expanded Image

The FMLA, Expanded

Sandra E. Pullman

Employees who remain out on leave longer than the FMLA's 12 weeks pursuant to their employers' representations can typically reclaim their jobs and even seek damages beyond those envisioned by the statute. Here's why.

Features

Preparing for Reverse Auctions Image

Preparing for Reverse Auctions

William C. Cobb

Rather than companies sending out RFPs to a number of law firms, they are now using a "reverse auction" to request quotes from law firms they trust. Here's how it works.

Seasonal Tenants and Lease Reviews Image

Seasonal Tenants and Lease Reviews

Mindy Wolin Sherman & Edward E. Wicks

Now is the time for all parties to think about creative ways to maximize revenues and to review their relevant documents to identify their rights and obligations before the cheer of the holiday time is upon us.

Relying Solely on An Indemnfication Provision Image

Relying Solely on An Indemnfication Provision

Stephen C. Bazarian

A recent Massachusetts appellate court opinion highlights the dangers of failing to include rent acceleration and liquidated damages provisions in commercial leases and relying solely upon an indemnification provision to collect post-termination damages.

In the Spotlight: AIA Releases Sustainable Projects Contract Documents Image

In the Spotlight: AIA Releases Sustainable Projects Contract Documents

Daniel S. Brennan

The American Institute of Architects (AIA) recently released a set of new contract documents to define roles and responsibilities and to provide procedures and processes for owner, architects and contractors to identify sustainability goals and to map out a plan to achieve those goals.

Making Your Leases Work with Your Loan Documents Image

Making Your Leases Work with Your Loan Documents

Pablo L. Petrozzi

Among the various reasons for complying with your loan documents, the most compelling is the fact that the typical non-recourse carve-out for unpermitted "transfers" may include leases that are not approved in accordance with your loan documents.

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  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    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.
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    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.
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  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    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.
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