Features
How Much Deference to Public Use Determinations?
How closely will New York courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.
Columns & Departments
Real Property Law
Tax Deed Invalid for Inadequate Notice Mistaken Description In Foreclosure Action on Neighboring Parcel Does Not Affect Landowner's Parcel
Columns & Departments
Landlord & Tenant Law
Ambiguities Prevent Summary Judgment In Action on Guaranty
Columns & Departments
Co-ops and Condominiums
Unit Owner Failed to Establish Full Title As Surviving Joint Tenant Association Denied Summary Judgment In Unit Owner's Claim Of Improper Waiver of Dues
Columns & Departments
Eminent Domain Law
Claimant Not Entitled to Consequential Damages of Lack of Access
Features
Scrutiny of Eminent Domain Power
How closely will courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.
Features
What's Working to Get Employees to Return To the Office
We are seeing a variety of successful measures that are designed to help attorneys get what they want: a best-of-both worlds scenario where they keep some work-from-home and fold-in an opportunity to intentionally connect and collaborate with colleagues in the office.
Features
New Bankruptcy Code May Provide Way Out of Commercial Leases
In major metropolitan areas, commercial office vacancies have skyrocketed and rents have plummeted. Tenants, required to examine their space needs post-pandemic, are eager to take advantage of the lower rents. A recent addition to the Bankruptcy Code provides these lessees with an opportunity to walk away from above-market leases.
Features
Commercial Real Estate's New Darling: Retail
Retail appears to be replacing multifamily when it comes to commercial real estate darlings. Shopping center vacancy in Q4 2022 reached its lowest level dating back to 2007 — and asking rents for shopping centers rose broadly.
Features
Maryland Appellate Court: COVID-19 Restrictions Not Excuse for Tenants' Failure to Pay Rent
Looking primarily to states like Connecticut for guidance, the Appellate Court of Maryland concluded that economic challenges stemming from COVID-19 executive orders themselves are not sufficient to establish the affirmative defenses of frustration of purpose and legal impossibility for failure to pay rent.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front LinesAlthough pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.Read More ›
- Navigating the SEC's Marketing Rule: Compliance Challenges and Legal InsightsThe Securities and Exchange Commission (SEC) has underscored the critical importance of Marketing Rule compliance through a series of recent enforcement actions and risk alerts. This article delves into the challenges that investment advisers must navigate when marketing their services. It also explores how legal counsel and compliance consultants can effectively support their clients in adhering to both the explicit requirements and nuanced aspects of the Marketing Rule.Read More ›
- Players On the MoveA look at moves among attorneys, law firms, companies and other players in entertainment law.Read More ›
- In Pari Delicto: The Seventh Circuit Gives New Life to Evil ZombiesA recent decision is critically important to bankruptcy lawyers, particularly those who prosecute and defend causes of action brought by bankruptcy estates and their representatives.Read More ›