Features
Constitutionality of Tax Sale Practices Questioned By NY’s Second Department
When a village or other taxing authority conducts a tax lien sale, and the purchaser of the tax lien subsequently acquires a tax deed, what rights does the tax-delinquent former owner of the property enjoy?
Features
Create An Operations Blueprint for Efficiency and Profitability In 2025
Simply put, the old levers of profitability — billable hours and rate increases — are no longer sufficient. Firms that fail to proactively address inefficiencies risk losing market share to more agile competitors. To remain competitive, law firms must rethink traditional business models and optimize operations at every level.
Constitutionality of Tax Sale Practices Questioned
When a village or other taxing authority conducts a tax lien sale, and the purchaser of the tax lien subsequently acquires a tax deed, what rights does the tax-delinquent former owner of the property enjoy?
Features
Shifting Crypto and Cyber Priorities In SEC Enforcement
When the SEC issues the next annual enforcement report for fiscal year 2025, we expect securities offering actions and investment adviser actions will almost certainly be up, and the “crypto” and “cyber” cases will almost certainly be down. Public statements by the new SEC administration have said as much, but even more telling than public statements are the allocation of limited enforcement resources.
Landlord & Tenant Law
Owners Vicariously Liable for Discrimination By Real Estate AgentResidential Loft Tenant Entitled to Yellowstone InjunctionIndicia of Fraud Justify Examination of Rental History Beyond Base Date
Features
Writing Strong Antibody Claims: Avoiding or Addressing USPTO Rejections for Written Description and Enablement
Many patent applicants currently face difficulty in obtaining antibody claims because of written description and enablement rejections under 35 U.S.C. §112(a). The USPTO routinely rejects claims as too broad, arguing that such claims cover more antibodies than the specification discloses, or that undue experimentation would be needed to determine whether an antibody reads on the claims. These heightened disclosure requirements increase laboratory costs to generate sufficient data for a §112(a)-proof specification.
Features
District Court Affirms Bankruptcy Court Conversion of Subchapter V Case to Chapter 7
The U.S. District Court for the Southern District of New York affirmed a decision by the U.S. Bankruptcy Court for the Southern District of New York converting a debtor’s Subchapter V case to a Chapter 7 case. In particular, the district court found that the bankruptcy court’s decision to convert was not an abuse of discretion, especially in light of the serious conflicts of interest that existed between the debtor and the potential target of significant fraudulent transfer claims held by the debtor’s estate.
Features
CA Supreme Court Upholds Co-Tenancy Clause
The Supreme Court of California determined that the landlord held the requisite control under the associated lease agreement with the co-tenant because that co-tenant was located on property owned by that landlord. The court made a clear distinction between that scenario and the situation where a co-tenant is located on property owned by an unrelated third party.
Features
Strategies for Negotiating AI Vendor Contracts
As artificial intelligence continues making inroads into the entertainment industry, AI vendor contracts are introducing new legal complexities that go beyond traditional “Software as a Service” (SaaS) agreements, often shifting significant risk onto customers.
Features
The Rise and Rise of Hospitality In Law Firms
The demand for client-facing hospitality experiences has intensified. Law firms are incorporating more client-centric services, such as personalized spaces for client meetings, high-end catering, and concierge-style offerings during in-person visits.
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- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
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- Restrictive Covenants Meet the Telecommunications Act of 1996Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.Read More ›
