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Incurable Defaults
April 26, 2012
Unfortunately, on occasion, a franchisee's actions are so egregious that a franchisor decides that it needs to immediately terminate the franchise and declare that the relationship is irrevocably harmed: an incurable default.
On the Path of Lease Resistance
April 26, 2012
New York practitioners representing a prospective retail tenant looking to enter into a new lease for space in an existing shopping center must recommend appropriate diligence prior to the client's entry into the new lease.
In the Spotlight: Fundamentals of Constructive Eviction
April 26, 2012
There are measures a landlord can take in drafting the lease to ameliorate the risk of losing a constructive eviction action.
The Federal Courts Jurisdiction and Venue Clarification Act of 2011
April 26, 2012
Since Jan. 6, 2012, new rules have been in effect regarding removal and venue procedures for federal litigation. The impact of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 in business disputes, including franchising, is gradually being felt as actions are filed in federal district courts or removed from state court to federal courts. This article outlines some of the key changes and their potential relevance for franchisors and franchisees.
Liability of Commercial Landlords and Tenants Under the ADA
April 26, 2012
Effective March 15, compliance with the DOJ's 2010 ADA Standards for Accessible Design (2010 Standards) was required for any alterations to existing facilities subject to the Americans with Disabilities Act (ADA) and barrier removal.
Business Crimes Hotline
April 26, 2012
A recent case of note.
In the Courts
April 26, 2012
Analysis of major rulings.
The Effects of Assured Guaranty on Securities Law
April 26, 2012
When prominent plaintiffs' lawyers applaud a "landmark change in the law," prudence calls for reflection. Such is the case with the recent New York Court of Appeals decision clarifying the scope of the Martin Act.
Movers & Shakers
April 26, 2012
Who's doing what; who's going where.
Timing Is Everything: NY Insurance Law ' 3420(d)
April 26, 2012
Just as an insured should not delay in providing notice of a claim while investigating other possible sources of coverage, an insurer should not delay in disclaiming on late notice grounds — a condition precedent to coverage — while it investigates other possible grounds for disclaimer.

MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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