Cap Rate Misery Impacts CRE Investors
August 01, 2024
The low cap rate regime became a game of musical lifeboats on the Titanic and the big question was, who would get stuck without a lifeboat as the mighty ship sank?
A Midsize and Boutique Go-to-Market Checklist
August 01, 2024
Midsize and boutique firms can significantly increase their chances of competing with large "Goliaths" by building the right systems and processes to streamline pitches and awards, increase realization rates/partner point values, and reduce staff turnover.
Co-ops and Condominiums
August 01, 2024
Condominium Purchaser Was On Inquiry Notice of Unrecorded Easement
Condominium Board May Not Depart from Declaration's Funding Provisions
Failure to Make Repairs Does Not Excuse Failure to Pay Common Charges
Effectively Managing Partner Autonomy
August 01, 2024
The past decade has brought a significant rise in internal conflict within partnerships. Partners are wielding their autonomy to speak out (often forcefully) in favor of or opposition to broader firm decisions. This dynamic is leaving many law firms at a disadvantage.
Is FEPA As Impactful As It Was Promised to Be?
August 01, 2024
FEPA, which amends the federal domestic bribery statute has been touted by some as "the most sweeping and consequential foreign bribery law in nearly half a century." But will it end up being an influential force combatting corruption or a paper tiger?
Federal Circuit Overrules 'Improperly Rigid' Obviousness Test
August 01, 2024
In an eagerly anticipated decision involving the proper standard for assessing when a claimed design is obvious, the Federal Circuit overruled the Rosen-Durling test that courts and the USPTO have been applying for nearly 30 years, calling the test "improperly rigid" and inconsistent with Supreme Court precedent.
Do FL and CA Talent Agency Law Cover Social Media Influencers and Esports Talent?
August 01, 2024
If the definition for "artist" under Florida's Talent Agencies Act applies to influencers and esports players, then likely a lot of unlicensed representatives are in violation of the state's statute — and the penalties are pretty serious.
SCOTUS: Prospective Relief Is Only Remedy Necessary to Resolve Unconstitutional U.S. Trustee Fee Scheme
August 01, 2024
In a recent decision, the U.S. Supreme Court held that the government was not required to refund millions of dollars paid by a Chapter 11 debtor pursuant to an unconstitutional fee scheme between the judicial districts.
Fifth Circuit Agrees With 'Cleary': Corporate Debtors Are Subject to Section 523(a) In Subchapter V Case
August 01, 2024
Armed with two circuit-level decisions, creditors who lose at the bankruptcy court level may feel encouraged to appeal. As of now, no court in the Second Circuit has addressed the issue and it remains to be seen how other courts will react.
Landlord & Tenant Law
August 01, 2024
Notice Sufficient In Action to Eject Occupant
Lease's Taking Clause Excuses Tenant from Payment of Rent<br
Village's ETPA Resolution Upheld
Landlord's Delay In Providing Itemized Statement Precludes Landlord from Retaining Any Portion of Security Deposit
Assignee Liable for Breach of Lease
Constructive Eviction and Warranty of Habitability Defenses Rejected
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