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KEYWORDS

October 01, 2019

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

Business Crimes Hotline

October 01, 2019

Former Cognizant Technology COO Settles FCPA Case In Relation to India Office Construction Project

Mitigating Lender Risk in Constructive Fraudulent Transfer Litigation

October 01, 2019

Lenders must carefully analyze the full ramifications of how best to approach the constructive fraudulent transfer issue when it emerges in their bankruptcy case.

Legal Tech: Demystifying Social Media Discovery

October 01, 2019

Social Media Escapes an Easy Definition, But You Know It When You See It While it would be helpful to understand the technical details of collecting data from various social media platforms, what's more important is what parts of social media might be relevant to a dispute and what that means for both the requesting and producing parties.

Case Notes

October 01, 2019

Court Decides Who Is the 'Prevailing Party' No Duty to Collect Rent from Subsequent Tenant

Law Firm Leadership Isn't a Role, It's a Mindset

October 01, 2019

When a law firm does not subscribe to a traditional corporate structure At most companies, the leadership structure is typically clear and hierarchical. But what does leadership look like at a law firm when a traditional corporate structure doesn't apply?

Knick: Opening the Federal Courts to Taking Claims

September 01, 2019

When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.

Real Property Law

September 01, 2019

Mortgagee Entitled to Deficiency Judgment When Mortgagor's Submissions Are Insufficient to Rebut Mortgagee's Appraisal Foreclosure Action Proceeds Despite Failure to Formally Discontinue Prior Foreclosure Action Forbearance Agreement Tolled Statute of Limitations Foreclosure Proceeding Dismissed for Lack of Standing Did Not Accelerate Mortgage

Landlord & Tenant

September 01, 2019

Landlord Failed to Rebut Presumption of Willfulness Landlord Substantiated Individual Apartment Improvements Vacatur of Stipulation for Use and Occupancy Overturned Occupant's Deception Waived Succession Rights Setting Rent for Unit First Decontrolled In 1954

Co-ops & Condominiums

September 01, 2019

Commercial Units Should Be Counted In Determining Amount of Reserve Fund

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