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Real Property Law
June 01, 2019
Broker Breaches Fiduciary Duty By Making Offer That Competes With Client<br>Amendment to Association Bylaws Not Effective Until They Are Recorded<br>Seller Entitled to Cancel Contract When It Could Not Clear Title<br>Buyer's Waiver of Defects In Title Preclude Cancellation By Seller<br>Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues<br>Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner<br>Easement By Prescription Established
State Report: New NJ Data Breach Notification Legislation Signed
June 01, 2019
Legislation expanding the types of personal data that will trigger a required notification to customers in case of a breach, including email addresses and passwords, was signed into law by Gov. Phil Murphy.
Litigation Expense Deductibility: New Appellate Court Decision
June 01, 2019
The Fifth Circuit Court of Appeals recently issued a decision that explains some of the requirements for deducting litigation expenses. The facts of the case are bizarre, but the controlling legal principles are not.
The Unlicensed Real Estate Broker in New York: Beware
June 01, 2019
The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
Counsel Concerns: Low Sanctions Are Upheld in Lawyer's Case Over Booking Discrimination Suit
June 01, 2019
The case is rooted in an underlying lawsuit filed nearly two decades ago in New York by black music promoters Leonard Rowe and Lee King against the William Morris Agency and several other booking and talent agencies.
Photographs on the Internet: Circuit Courts Examine Copyright Infringement
June 01, 2019
Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.
New York District Court Rules that Chapter 15 Recognition Is Not Prerequisite to Enforcement of Foreign Bankruptcy Judgment under Principles of Comity
June 01, 2019
It has been generally understood that recognition of a foreign bankruptcy proceeding under Chapter 15 is a prerequisite to the enforcement by a U.S. court of an order or judgment entered in such a foreign bankruptcy proceeding under the doctrine of "comity." A ruling recently handed down by the U.S. District Court for the Southern District of New York directly challenges that principle.
The Yates Memo is Here to Stay: Signs of Increasing Efforts to Hold Individuals Criminally Liable for Corporate Wrongdoing
June 01, 2019
It is axiomatic that companies cannot do wrong without the actions of individuals. However, the trend over the past few decades, with a few exceptions, has been that individuals generally were not prosecuted for their roles in corporate wrongdoing that harmed the public welfare. However, there appears to be a recent escalation in prosecutions of corporate executives.
Voice of the Client: Hearing the Client Through the Noise
June 01, 2019
At the end of the day, a lot of noise is created in the effort to hear the voice of the client. We propose that while these efficiencies and innovations in law are valuable, the clients keep asking for something different: a lawyer who deeply understands their business and their specific issue — at the time they need it.
Safe Harbor Shields Shareholders In Tribune Fraudulent Transfer Litigation
June 01, 2019
The U.S. District Court for the Southern District of New York denied a litigation trustee's motion for leave to file a sixth amended complaint that would have asserted constructive fraudulent transfer claims against 5,000 Tribune Company shareholders. The safe harbor of Bankruptcy Code §546(e) barred the trustee's proposed claims.

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