Clarity for New York Takings Law
January 01, 2018
Determining whether or not a government regulation constitutes a “taking” for the purposes of the Fifth Amendment can be a complex endeavor. The recent Second Department decision of <i>Matter of New Creek Bluebelt, Phase 3 (Baycrest Manor Inc.)</i>, provides some guidance on three important regulatory takings issues.
2018: What Last Year's Trends Can Mean for Big Law
January 01, 2018
With the new year upon us, law firms have just been through the typical year-end crush of collections, budgeting, compensation decisions and more. The authors recently took a look at 2017's hottest trends, and explored what we could expect from them in 2018.
Class Counsel Get Favorable Ruling in NFL Concussion Litigation
January 01, 2018
A federal judge sided with class counsel in the NFL concussion litigation on several disputes, including how the former players' claims should be processed and whether attorney fee awards should be delayed until more payments are made to the claimants.
Federal Tax Errors That Attorneys Make
January 01, 2018
This article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.
The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey
January 01, 2018
A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.
Examine KPIs on a Micro-Level to Boost Law Firm Profitability
January 01, 2018
You say your law firm is profitable. How do you know? To fully understand your law firm's results of operations and financial condition, you should measure and examine key performance indicators (KPIs) on a granular level. Looking beyond high-level KPIs can provide actionable information to make operational and strategic decisions.
The False Claims Act Seal: The DOJ's Position
January 01, 2018
<b><i>Part Two of a Three-Part Article</i></b><p>Notwithstanding the absence of an explicit gag order in the statute, the DOJ takes the position that, even if the relator properly files the case under seal at the outset, that relator can later “breach the seal,” and be subject to judicial sanction, if he or she discloses the existence of the <i>qui tam</i> to others.
'Trial of the Century' Takes on Hell or High Water
January 01, 2018
<b><i>Will a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?</i></b><p>There is change afoot in the equipment leasing marketplace, and it portends a potentially seismic shift in the perception, usefulness and utility of the well-tested HOHW clause.
Internet Goods and Product Liability
January 01, 2018
The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
