No Guarantee NY's Guaranty Law Survives Constitutional Scrutiny
December 01, 2024
After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.
High Court May Limit the Reach of the Wire Fraud Statute
December 01, 2024
On Dec. 9, 2024, the Supreme Court will hear argument in Kousisis v. United States, a case that will again review the reach of the federal mail and wire fraud statutes. At issue this time is the so-called “fraudulent inducement” theory of property fraud — namely, whether deception to induce a commercial exchange can constitute mail or wire fraud, even if the infliction of economic harm on the alleged victim was not the object of the scheme.
Navigating ‘Click to Cancel’ Regulations
December 01, 2024
Automatic renewals have become a preferred method of goods and service delivery for many businesses, particularly in the context of e-commerce. The patchwork of state and federal laws and regulations makes absolute compliance a difficult proposition for many companies. In a purported effort to provide clarity to companies regarding their compliance obligations in this space, the FTC recently finalized its Rule Concerning Recurring Subscriptions and Other Negative Option Programs. While the Final Rule has reached the last stage of the FTC’s rulemaking process, questions remain.
Inconvenient Bankruptcy Appeals
December 01, 2024
Bankruptcy courts are not infallible, and their rulings should be reviewable. But too many district courts and bankruptcy appellate panels (BAPs) regularly refuse to review nonfinal bankruptcy court orders for questionable reasons.
NY Revised Cybersecurity Regulation Goes Into Effect: What You Need to Know
December 01, 2024
On November 1, significant revisions to the regulations enforced by the New York Department of Financial Services (DFS) — the state’s financial services regulator — went into effect. The DFS revisions create a long-arm provision in that the changes affect not only New York State companies, but also their affiliates, and therefore the revisions could have an impact far beyond New York State borders.
Landlord & Tenant Law
December 01, 2024
Tenant Who Stopped Paying Rent May Not Recover DamagesDoctrine of Emblements May Entitle Tenant to Collect Damages for Loss of CropsInsufficient Evidence to Support Use and Occupancy ClaimSuccessor Landlord Liable for Predecessor’s OverchargesGuaranty Law Did Not Protect Guarantor When Tenant Never Closed
Evaluating Personal Injury Claims and Insurance Policies Covering Live Events
December 01, 2024
The rise in demand for in-person events post-pandemic has meant a corresponding increase in personal injury actions against venues. Consequently, venue-owner and operator clients would be wise to regularly evaluate their insurance policies (particularly general liability insurance policies) to ensure adequate coverage.
Marketing Is a Marathon, Not a Sprint: Plan Ahead for Long-Term Success
December 01, 2024
Law firms can’t expect immediate results from their marketing programs. Just like you can’t go out and run a marathon in a day without the careful work of preparing for it, you can’t launch a single marketing program and expect immediate sales. Marketing requires strategy, endurance, and consistent effort over time. A sprint mindset may bring temporary gains, but a marathon approach builds long-lasting relationships, brand equity, and sustainable growth.
