Real Property Law
September 01, 2020
Questions of Fact Remain About Whether Subsequent Mortgagee Had Actual Notice of Improperly Recorded Mortgage
Inadequate Proof to Establish Title By Adverse Possession
Discontinuance of Earlier Foreclosure Action Did Not Toll Statute of Limitations
Contract Vendee Adequately Alleged Improper Rescission By Seller
Subsequent Purchaser Proteced Against Deed to Lender
The Updated FCPA Resource Guide
September 01, 2020
Something Old, Something New, Something Borrowed, Something Blue
this second edition contains some new "hypotheticals" — facts of actual cases the DOJ finds important enough to focus on — and, in keeping true to its name, has included additional resources and links for chief compliance officers looking to design and audit their companies' anticorruption compliance programs.
Ticket Refund Suits Against StubHub to Get MDL Treatment
September 01, 2020
Online ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.
NYC Law Providing Relief for Commercial Tenants Faces Constitutional Scrutiny
September 01, 2020
New York City Mayor Bill de Blasio delivered another striking blow to property owners when he signed into law N.Y.C. Council Int. No. 1932-A (2020) on May 26, 2020. The new legislation prohibits landlords from enforcing personal guaranties on certain commercial leases for defaults occurring between March 7, 2020 and Sept. 30, 2020.
Create a Community to Connect and Empower
September 01, 2020
I encourage you to cultivate your own community as a means of connecting and empowering your peers. These are a few ideas to help you launch and maintain a program.
FIFA Decision Confirms Long Arm of Honest Services Fraud
September 01, 2020
United States v. Napout
The U.S. government's lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world's policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive's home country?
New York's Commercial Lease Defenses to Paying Rent
September 01, 2020
Not including what may have been negotiated in a commercial lease, there are three traditional theories under which commercial tenants could seek to assert entitlement to forgiveness of their rent: frustration of purpose, impossibility of performance, and force majeure.