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May 01, 2023

Wrongful Eviction Claim Raises Questions of Fact Yellowstone Injunction Cure Period

Revision to the Definition of 'Waters of the United States'

April 01, 2023

In April of 2020, the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, a new final rule was recently published. The changes are scheduled to take effect this year. The definition is significant for a multitude of land uses, as it places limitations on activities that may be conducted within and adjacent to such waters or, in some instances, requires the issuance of permits before certain activities may be conducted.

Landlord & Tenant Law

April 01, 2023

HSTPA Does Not Violate Taking or Due Process Clauses Landlord Liable for Bite By Tenant's Dog Tenant Not Liable As Holdover Absent Offer and Acceptance of Rent Payments Issues of Fact Preclude Summary Judgment on Habitability Claim

Real Property Law

April 01, 2023

Injunctive Relief Denied In Action to Enforce Restrictive Covenant Neighbor Lacked Standing to Enforce Restrictive Covenant Easement Holder Entitled to Preliminary Injunction Disposition to Husband and Wife Creates Tenancy By the Entirety Tax Sale Notice Satisfied Statutory and Constitutional Requirements

Eminent Domain Law

April 01, 2023

Condemnation Exceeded Agency's Authority

Co-ops and Condominiums

April 01, 2023

No Binding Contract Between COOPA and Shareholders Failure to Provide Notice of Mortgage Justifies Return of Downpayment In Foreclosure Sale

The Impact of Local Law 97

March 01, 2023

Local Law Number 97 was enacted by the City of New York to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.

Development

March 01, 2023

Neighbor Lacked Standing to Challenge Nonconforming Use Determination Parking Congestion Allegations Insufficient to Confer Standing Council's Approval of PUD Upheld Neighbor Had No Standing to Challenge SEQRA Determination

Landlord & Tenant Law

March 01, 2023

Issues of Fact Preclude Summary Judgment on Habitability Claim

Co-ops and Condominiums

March 01, 2023

Amendment of Bylaws Relieves Condominiums of Obligation to Use Association for Repair Services

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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Considerations When Entering Into a Tolling Agreement
Defense counsel in complex white-collar investigations are often asked to waive these important protections by entering into tolling agreements, stopping the clock on the statute of limitations at issue. Whether such an agreement is actually in a target or subject's best interest presents a difficult question, and COVID-19 has impacted the calculus.
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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
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Fresh Filings
Notable recent court filings in entertainment law.
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CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
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