Federal Officer Removal Jurisdiction Upheld in Agent Orange Cases
May 27, 2008
In this article, we discuss the issue of federal officer removal, <i>i.e.</i>, the removal of a state action to federal court on the ground that the government had such control over the defendant that the defendant was essentially acting as a federal officer.
'Cosmeceuticals': The Fine (Regulatory) Line Between Cosmetics and Drugs
May 27, 2008
When it comes to determining whether a product is a drug, a cosmetic, or both under the Federal Food, Drug and Cosmetic Act of 1938, the focus has been mostly on the marketing and promotional claims related to the product, at least based on available FDA guidance, case law, and recent enforcement actions. As the market for cosmeceuticals continues to grow, however, and if more products are formulated with ingredients found in FDA-approved prescription drugs, that focus could change.
What the Subprime Crisis Could Mean for Your Company
May 27, 2008
The continuing economic crisis, driven in large measure by the subprime mortgage meltdown, is affecting major segments of the economy. Not a day goes by that there is not something in the press regarding the effects of billions of dollars of mortgage failures. Criminal investigations into all industries involved in the process are underway. The Department of Justice is considering creating a task force, much in the same way the Bush Administration created the Corporate Fraud Task Force in the aftermath of the Enron failure.
When Is a Settlement Binding?
May 27, 2008
On April 5, 2007, the Court of Appeals voided a decade-old court-ordered stipulation that had settled a contested litigation over a rent-stabilized apartment. The landlord in <i>Riverside Syndicate Inc. v. Munroe, et al.</i> 10 N.Y.3d 18, was allowed to renege on a settlement on the theory that the stipulation violated public policy and unlawfully waived the tenant's rights. The ramifications of this ruling are extraordinary. A party to a court ordered settlement can reap the benefits for as long as is opportune (the court ruled that there is no applicable statute of limitations).
Mixed-Use Communities: The Residential Tenant's Perspective
May 27, 2008
Before committing to membership in a mixed-use community, potential tenants should carefully review the terms contained in the community's declaration of protective covenants, conditions, restrictions, and easements. This article enumerates significant considerations that should be examined when reviewing the declarations.
Going It Alone
May 27, 2008
U.S. antitrust enforcement, once the impetus for numerous foreign blocking statutes, now epitomizes the type of global cooperation necessary for effective law enforcement. But the past six years offer potent counterexamples that highlight the dangers of unilateralism and disrespect for foreign sovereignty ' some relatively minor, others far more consequential.
In the Spotlight: Preparing Form Leases for Mixed-Use Projects
May 27, 2008
As the construction of mixed-use projects continues to grow across the nation and globally, all parties involved must understand the dynamics of the project in which they are involved and how best to structure the relationships among the several parties, which will generally have divergent interests. The building block for this relationship will likely be a form lease.
Buying a Mixed-Use Building in New York City
May 27, 2008
It is a complicated task to purchase a New York City commercial building with known or potential residential tenancies. However, with careful physical and documentary investigation, most of the potential traps for an unwary buyer can be revealed.
BRANDING WITH A COLD IRON: Living (Or Dying) With Fad Words
May 08, 2008
Fad words, in professional services marketing, have a tendency to wear out and disappear after awhile, which seems to testify to their shallowness. They are then replaced by other fad words, which themselves ultimately wear out.
