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The Martin Act and Common Law Fraud Image

The Martin Act and Common Law Fraud

Stewart E. Sterk

In <i>Kerusa LLC v. W10Z/515 Real Estate Limited Partnership</i>, the Court of Appeals resolved a question that has plagued the Appellate Divisions over the past several years: May a co-op or condominium purchaser prevail on a common law fraud claim based on material omissions from offering plan amendments mandated by the Martin Act?

Features

Important Rules of Evidence for Family Law Attorneys Image

Important Rules of Evidence for Family Law Attorneys

Bari Brandes Corbin & Evan B. Brandes

Matrimonial and family law attorneys who only try divorce and custody cases know that all issues besides the grounds for divorce are tried before the court without a jury. In such cases, the rules of evidence are often relaxed. While this can make for a more straightforward presentation of evidence, it can also leave family practice lawyers unfamiliar with new or little used rules of evidence. This article discusses some of those important rules.

Features

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters &

News that may impact your practice.

Features

The Autism Cases Image

The Autism Cases

Janice G. Inman

In last month's issue, we discussed the Vaccine Court's (Office of Special Masters of the U.S. Court of Federal Claims) trio of decisions that found no causative links between childhood vaccinations and the onset of autism and gastrointestinal problems in three children. The discussion continues herein.

Features

Labor and Employment Image

Labor and Employment

R. Michael Smith

Many observers expected the Obama Administration, with the support of Democratic majorities in both houses of Congress, to advocate new legislation and Executive Orders that favored unions and expanded the scope of employment discrimination laws. This article examines Executive Orders that have been signed and proposed legislation that has been introduced since President Obama's inauguration.

Features

Gay Marriage: A Changing Legal Landscape Image

Gay Marriage: A Changing Legal Landscape

Elizabeth J. Berns

The state of legal affairs for gay, lesbian, bisexual and transgendered (GLBT) issues across the county provides for a rapidly changing legal landscape. Getting personal and political about same-sex marriage is now becoming a recurrent experience ' all well-timed in light of the pending arguments and recent decisions coming from courts and legislatures across the states.

Features

Can Failure-to-Warn Claims Against Generic Drug Manufacturers Be Preempted? Image

Can Failure-to-Warn Claims Against Generic Drug Manufacturers Be Preempted?

Sharon Caffrey, Alan Klein & Paul M. da Costa

The tension between the salutary purposes of the Hatch-Waxman Act (low-cost drugs widely and quickly available to patients) and the necessity to change label warnings when science or adverse event reports show a newly appreciated risk, presents a Hobson's choice to generic drug companies, complicated by the FDA's own interpretation of its CBE regulations as inapplicable to them.

Features

Will Your New Tenant Bail Out? Image

Will Your New Tenant Bail Out?

Ira Fierstein

With so many vacancies popping up in shopping centers around the country, landlords are willing to entertain creative solutions to placing tenants in these empty spaces. However, before signing the leases and dropping off the keys, landlords should make certain they follow some very simple procedures and perform routine due diligence.

Features

Trouble in Lease Land Image

Trouble in Lease Land

M. Rosie Rees

Retail landlords know a tenant is in trouble when rent payments are late or cease altogether, when the tenant's store is not well stocked with new merchandise, or when the physical condition of the store deteriorates. Retail tenants know that a shopping center is in trouble when an increasing number of stores are dark, or the maintenance of the common areas or other services have declined. Here's what to do.

Features

In the Spotlight: Lease Audits: Adding Value in Troubled Times Image

In the Spotlight: Lease Audits: Adding Value in Troubled Times

Mark Morfopolous

If you are a tenant that is leasing properties at numerous locations, it would be an especially prudent business practice to take a careful look at all of your leases and operating expense invoices to determine if there are any opportunities to generate savings.

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