Landlord & Tenant Law
September 01, 2022
Double Rent Holdover Provision Enforceable; Late Fee Unenforceable As a Penalty
Extrinisic Evidence Inadmissible to Vary Terms of Lease Agreement
Court Upholds Holdover and Prejudgment Interest Provisions
Unsigned Lease Agreement Not Binding
Second Circuit Ruling Offers Ways to Mitigate FCPA Risk Through Corporate Structure
September 01, 2022
Despite the FCPA's breadth and its aggressive enforcement, it has largely escaped judicial scrutiny. Individuals and companies are reluctant to test the bounds of the law and risk federal prison or crippling penalties. But one man has refused to fall in line and has almost single-handedly shaped recent FCPA jurisprudence.
Will Other States Follow NY's Lead on Requiring Cybersecurity CLE?
September 01, 2022
New York has become the first state to add a requirement mandating that lawyers take legal education courses in cybersecurity, privacy and data protection. As cyberthreats will likely continue to both grow and evolve in sophistication, attorneys expect this requirement to be only a first step, with more states likely to soon follow.
Are You Facing a Problem or a Crisis?
September 01, 2022
Recognizing the many degrees of severity and activity levels is crucial when a matter presents itself. Is it time to go scorched earth or take it in stride and allow a situation to fizzle? When defining the spectrum from minor issue to crisis, it is vital to understand how a problem can become a crisis if left unattended or how jumping the gun and overreacting can be disastrous.
Update On Preference and Fraudulent Transfer Litigation
September 01, 2022
The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code's enactment in 1979. Recent appellate decisions, summarized below, show that courts are still making new law or refining prior case law.
Rulings on COVID-19 Defenses In Commercial Real Estate
September 01, 2022
Despite some new variants and a possible resurgence in the fall, the pandemic closures seem to be finally coming to an end. And with it, so too have most of the COVID-19 defenses in court cases involving commercial leases. However, all may not be foreclosed for a commercial tenant, particularly where a tenant is able to point to a specific provision of its lease that could excuse its obligation to pay rent during the closure of its business.
Law Firms May Make 'Course Corrections' to Battle Inflation
September 01, 2022
If inflation remains at current levels, law firm billing rate increases won't be able to keep pace. But firm leaders may make other "course corrections" to capture profits through the end of 2022, analysts say, by utilizing leverage and alternative pricing models and making additional investments in technology.
Bit Parts
September 01, 2022
Brian Wilson's Ex-Wife Wins Remand Back to State Court of Her Claim to Share of Revenues from Sale of His Song Catalog
Eminent Domain Law
September 01, 2022
Claimants Failed to Establish That Property Would Have Been Rezoned
Increased Award Proper Where Prior Regulation Might Have Constituted a Taking
New Securities Suits Up Slightly, Despite Stock Drops
September 01, 2022
Given the recent stock market carnage, one might expect that the courts were flooded with a fresh batch of securities suits. Stock drops, after all, are one necessary ingredient of stock drop suits. But according to Cornerstone Research's mid-year assessment of new filings, the number of new class action securities cases filed in the first half ticked up only slightly compared to the first half of 2021.
