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Landlord & Tenant
Recent rulings of importance to your practice.
Features
Development
Recent rulings of importance to your practice.
Federalizing Real Estate Transactions
Most real estate transactions are governed by state law and local custom, not federal law. But a massive federal law enacted shortly after the 9/11 terrorist attacks raises the specter that the federal government may intrude into commercial real estate transactions in ways heretofore thought unimaginable. Known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism ('USA Patriot Act'), the legislation has led the federal government to propose rules designed to combat money laundering and terrorist financing in these types of transactions.
Decisions of Interest
Recent cases of interest to your practice.
The Matrimonial 'Dating Game'
A review of equitable distribution decisions in any given year can leave one reeling, if not from the novelty of the holdings, then certainly from the frequency with which certain fundamental issues are re-litigated with the predictability of the perennials of springtime.
Features
Responsible Mediation and Domestic Violence
March 31 of this year marked the start of a potentially interesting dialogue. Family and divorce mediators had a joint, all-day conference at the Association of the Bar of the City of New York with an impressive array of professionals who have regularly worked and advocated for domestic-violence victims for decades. Since the inception of family and divorce mediation, mediators have struggled with the issue of whether cases involving domestic violence ' any kind of domestic violence ' should preclude mediation from occurring.
Thinking About Settlements
Discounting retirement plans for taxes is a tricky business and can sometimes lead to problematic or inequitable settlements. Although methodologies exist for valuing such plans, these methodologies do not involve tax impacting ' and for good reason.
Features
Decisions of Interest
Recent decisions of importance to your practice.
Features
EEOC Recovers $20,000 for Sabbath Observer
The Equal Employment Opportunity Commission settled for $20,000 and affirmative relief a religious discrimination claim by a job applicant who alleged that she was denied a position because she was a Sabbath observer.
Features
Constructive Discharge: Third, Second Circuit Split
The Third Circuit ruled, contrary to the position taken by the Second Circuit, that a constructive discharge is a 'tangible employment action' precluding the assertion of an affirmative defense to liability under established federal law.
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