New York's Labor Law
August 27, 2008
Both Labor Law '240(1) and '241(6) impose a nondelegable duty on property owners to provide specified protections to workers. This duty exists regardless of whether or not the owner controlled, directed, or supervised the work. As the courts have repeatedly observed, the imposition of this duty protects workers, by placing ultimate responsibility for their safety upon owners and contractors, instead of on the workers themselves.
<b>In the Spotlight</b>: Can Developers and Municipalities Play Well Together in the Green Sandbox?
August 27, 2008
Planning staff of municipalities often view developers with a degree of suspicion, while developers tend to see municipalities as roadblocks ' or, at the very least, speed bumps ' when it comes to building projects. Developers respond to market forces and pursue the rewards of capitalism, while municipalities are concerned about infrastructure issues and meeting the long-term needs of their citizens.
Consent to Sublease
August 27, 2008
Substantial portions of commercial space are commonly available via sublease. In comparison with a direct lease (which customarily becomes effective upon execution and delivery by the Landlord and the Tenant), a sublease usually only becomes effective if and when the Sublandlord and Subtenant execute and deliver the Sublease and the Master Landlord executes and delivers a Consent to Sublease.
Index
August 27, 2008
Everything contained in this issue, in an easy-to-read format.
Leases or Licenses ' Does a Label Matter?
August 27, 2008
Attorneys representing property owners are often requested to document arrangements for very short-term and temporary usage of property. "I don't want a lease; just a license agreement will be fine," is the frequent form of the request. Assuming that the client's request is not merely an attempt to keep the legal fees down, is such a request one that makes sense from an owner's point of view? More important, can a careful attorney respond positively?
More Bad News for Structured Finance?
August 25, 2008
While politicians scramble to preserve <i>Fannie Mae</i> and <i>Freddie Mac</i>, more trouble for financial markets looms on the horizon. Proposed changes to accounting rules for securitization vehicles could decrease the significant role of structured finance in providing the liquidity that sustained recent economic expansion.
The Federal Arbitration Act
July 31, 2008
The U.S. Supreme Court's recent decision in <i>Hall Street Associates, L. L. C. v. Mattel, Inc.</i> had long been anticipated by the litigation and arbitration communities and has been the subject of extensive commentary and debate in the brief period since it was rendered. This article explains why.
Court Watch
July 30, 2008
Recent rulings of interest to you and your practice.
The 'Sophisticated Insured' Defense
July 30, 2008
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
