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Court Watch

Darryl A. Hart

CA Supreme Court: No 'Narrow Restraint' Exception to Prohibition on Covenants Not to Compete

Features

Buyer's Brokers and the Duty of Loyalty Image

Buyer's Brokers and the Duty of Loyalty

Stewart E. Sterk

What obligations does a buyer's broker have to different clients interested in purchasing the same property? When faced with that question in <i>Rivkin v. Century 21 Teran Realty LLC</i>, the Second Circuit certified the question to the New York Court of Appeals. <i>Rivkin</i> answered at least one significant question surrounding the obligations of a buyer's broker, but the Court of Appeals opinion raised new questions whose resolution will await future litigation (or legislation).

Features

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Development

ALM Staff & Law Journal Newsletters

A look at recent rulings of importance.

Features

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Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

Features

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Landlord & Tenant

ALM Staff & Law Journal Newsletters

Commentary on the latest cases.

Features

Office Romances And 'Love Contracts' Image

Office Romances And 'Love Contracts'

Barbara Reeves Neal

A consenting romantic or sexual relationship between two employees, and especially between a manager/supervisor and an employee, may lead to complications, difficulties and legal problems for all concerned ' the employees, the manager/supervisor and the company. Hence the "love contract."

Features

New York Strengthens Wage Laws Image

New York Strengthens Wage Laws

Elise M. Bloom, Fredric C. Leffler & Thomas A. McKinney

Part One of this article discussed the changes in New York Labor Law (NYLL) pertaining to commissioned sales personnel. The conclusion herein addresses the other changes made by the law.

Features

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New DOJ Guidelines on Prosecuting Businesses

Stanley S. Arkin, Peter B. Pope & Barrett N. Prinz

After much pressure from the defense bar, the judiciary and Congress, the DOJ issued new guidelines on prosecuting businesses on Aug. 28, 2008. A close look at the fine print, however, shows that not much has changed.

Features

The KPMG Tax Shelter Case and the Right Against Self-Incrimination Image

The KPMG Tax Shelter Case and the Right Against Self-Incrimination

Laurence A. Urgenson & Jason P. Hernandez

In a much anticipated opinion, the Second Circuit has affirmed the dismissal of an indictment against 13 former partners and employees of the accounting firm KPMG, who were charged with creating fraudulent tax shelters. <i>United States v. Stein.</i> This article discusses the case in depth.

Features

Taming the Tenant's Form of Lease Image

Taming the Tenant's Form of Lease

Myles Hannan

Accustomed to manning the ramparts in defense of its landlord client's form of lease, it is always a bit unsettling for a landlord's lawyer to be advised by its client that "for this national tenant, we must work from the tenant's form of lease." Suddenly, instead of engaging in the familiar determination of which of the tenant's requested lease revisions are acceptable to the landlord, the lawyer is faced with determining which essential provisions of a lease from landlord's perspective are either entirely or substantially missing from the tenant's form of lease and then negotiating to include such provisions.

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