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Development Image

Development

Stewart Sterk

Denial of Site Plan Application Upheld Issuance of State Permit Does Not Preclude Village's Nuisance Claim Against Waste Disposal Facility

Features

Unseating Inelegant Notions of Product Design Functionality Image

Unseating Inelegant Notions of Product Design Functionality

Jonathan E Moskin

In Blumenthal Distributing, Inc. v. Herman Miller, Inc., the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever is functional.

Features

Settling COVID-19-Related Commercial Lease Disputes Image

Settling COVID-19-Related Commercial Lease Disputes

Frank Burke

This article examines how shutdown actions might be approached and resolved by settlement by applying a series of contract performance doctrines that inevitably arise during these types of situations.

Features

SCOTUS Set to Address Circuit Split in Interpreting CFAA Image

SCOTUS Set to Address Circuit Split in Interpreting CFAA

Elkan Abramowitz & Jonathan S. Sack 

The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of "or exceed[ing] authorized access" is not so clear.

Features

Tenth Circuit Ruling May Impact Treatment of Student Loans In Bankruptcy Image

Tenth Circuit Ruling May Impact Treatment of Student Loans In Bankruptcy

Charles M. Tatelbaum, Christina V. Paradowski & Brittany L. Hynes

A recent ruling in the U. S. Court of Appeals for the Tenth Circuit represents a significant departure from the generalized belief that student loan debts cannot be discharged in bankruptcy, and which, if followed by other circuit courts, could have a dramatic impact on bankruptcy law.

Columns & Departments

Co-ops & Condominiums Image

Co-ops & Condominiums

Stewart Sterk

RPAPL 881 License Granted to Enter Neighboring Condominium Unit Allocation of Common Expenses Upheld Condominium Owners Have Right to Vote On Matters Involving Homeowners Association Appointment of Receiver Upheld

Columns & Departments

Real Property Law Image

Real Property Law

Stewart Sterk

Possibility of Reverter Enforced Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default

Features

Hot Legal Litigation Topics for Advertisers and Marketers in 2020 Image

Hot Legal Litigation Topics for Advertisers and Marketers in 2020

Kyle-Beth Hilfer

The COVID-19 pandemic pushed brands headlong into e-commerce. Certain advertising and marketing practices led to litigation in 2020. Brands and their legal counsel should target these hot topics for legal vetting and risk mitigation as we move forward into 2021.

Features

Biden Administration May Bring Uptick In White-Collar Work Image

Biden Administration May Bring Uptick In White-Collar Work

Andrew Maloney

With a change in priorities, and issues such as health care, climate and another stimulus package potentially on the agenda for President-elect Joe Biden, white-collar defense lawyers anticipate an uptick in enforcement work.

Features

Bankruptcy Courts Embracing Virtual ADR Image

Bankruptcy Courts Embracing Virtual ADR

Jeffrey T. Zaino 

Bankruptcy courts are embracing virtual alternative dispute resolution (ADR) processes to handle cases during this extraordinary period. Engaging in online mediation, and arbitration, can expedite Chapter 11 cases toward an equitable conclusion for the parties involved, while ensuring everyone can practice safe social-distancing.

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