Columns & Departments
Business Crimes Hotline
Former Keppel Lawyer Who Cooperated with U.S. Government Fined and Sentenced to Probation for His Role in Petrobras Bribery Scheme
Features
Overview of Limitations on Employee Compensation in Bankruptcy
Recognizing the potential consequences, companies in Chapter 11 bankruptcy often try to reduce employee uncertainty by seeking authority from the bankruptcy court. The Bankruptcy Code, however, imposes a variety of limitations on the ability of a debtor-employer to provide certain types of compensation and benefits to "insiders," a term that is broadly defined in the Bankruptcy Code.
Features
Third Circuit Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy Stay
"[A] secured creditor [has no] affirmative obligation under the automatic stay to return a debtor's [repossessed] collateral to the bankruptcy estate immediately upon notice of the debtor's bankruptcy," the U.S. Court of Appeals for the Third Circuit held on Oct. 28, 2019 in In re Denby-Peterson.
Features
Sympathy for the Debtor? Not When It Comes to Student Loans
The assumption that bankruptcy can't relieve a borrower of student loan obligations is incorrect, however a debtor must provide compelling evidence that an undue hardship will result if the debtor is required to repay the loan.
Features
Recent Investigation, Prosecution and Legislation Regarding Fraudulent Deeds
New York City, particularly gentrifying areas of Brooklyn, Harlem, and Washington Heights, are seeing an upsurge of deed theft. Attorneys, architects, title companies, real estate brokers, agents, contractors, developers and construction managers need to be alert to this potential issue when blocks of properties are assembled for development in these neighborhoods.
Columns & Departments
Landlord & Tenant Law
Landlord's Relet Does Not Relieve Breaching Tenant from Liability for Rent Breaching Landlord Liable for Tenant's Expenses In Preparing Leased Space Apartments Withdrawn from Mitchell-Lama Not Rent-Stabilized Default Formula Does Not Constitute Penalty, and Does Not Preclude Class Certification
Columns & Departments
Real Property Law
Ambiguous Time of the Essence Notice Held Ineffective Attorney Review Provision Permitted Cancellation of Contract Mortgagee Entitled to Cancellatino of Erroneously Recorded Satisfaction Co-Tenant Not Entitled to Appointment of Receiver
Columns & Departments
Co-ops and Condominiums
Fair Housing Act Claim Against Condominium Board Dismissed Co-Op Unit Owner Entitled to Emotional Support Dog
Features
Supreme Court, Finally, Takes Up Google v. Oracle
The U.S. Supreme Court has jumped into a titanic copyright battle between Oracle Corp. and Google LLC with both barrels. The court's involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.
Features
More Chinese Companies Are Joining U.S. Firms to Fight Patent Trolls
Some of China's largest companies have banded together with major brands in the United States and elsewhere to neutralize "patent trolls," an indication that the country's firms are becoming increasingly concerned about patent infringement litigation.
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