Holdover Tenant Liable for Breach of Covenant
Landlord's Acceptance of Rent for 20 Years Waived Right to Challenge Tenancy and to Prevent Exercise of Options to Renew
DHCR's Decision Destabilitzing Apartment Upheld
Scope of Easement Included Right to Install Seasonal Dock
No Easement By Necessity But Questions of Fact Remained About Prescription Claim
Questions of Fact Remain About Effects of Drilling On Neighboring Parcel
Condominium Not Entitled To Summary Judgment On Neighbor's Claim for Negligent Maintenance of Water Main
Fraudulent Conveyance Claim Against Sponsor Avoids Dismissal
Unit Owner's Appropriation of Common Area Constitutes Continuous Trespass Not Barred By Statute of Limitations
Environmental Group Had Standing to Challenge Permit
Town Could Not Deny Special Permit On Ground That Unit Owner Had Failed to Show Reasonable Need for Proposed Facility
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
The ruling from New York's highest state court, although straightforward on its face, has important implications for both long-existing settlement agreements and when considering drafting future agreements settling disputes in the context of the Rent Stabilization Law.
City Took Hard Look At Environmental Factors Without Requiring Environmental Impact Statement On Impact of Climate Change
Area Variance Grant Upheld for Construction of Fence
Landowner Did Not Establish Pre-Existing Nonconforming Use
Practical Location of Boundaries Doctrine Applicable Even When Deeded Boundaries Are Clear
Restrictive Covenant Did Not Bar Above Ground Pool and Deck
Questions of Fact Preclude Summary Judgment On Enforceability of Two-Year-Old Contract
Adverse Possession Claim Fails for Failure to Prove Cultivation and Improvement
Obligation to Construct Interior of Condominium Did Not Touch and Concern the Land, and Therefore Did Not Bind Successor
Managing Agent Did Not Owe Fiduciary Duty to Unit Owner; Condo Board Protected By Business Judgment Rule
No Preliminary Injunction In Acton to Abate a Noise Nuisance
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.
