Specific Performance Remedies in Bankruptcy
In their Transactional Real Estate column, Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that most courts apply a "business judgment" test to a...
View ArticleMarketplace
Two new leases have been signed by Madison Logic and the Environmental Defense Fund, both long-term tenants at 257 Park Ave. South, also known as the Gramercy Park Building.
View ArticleReducing Legal Hurdles to Combined Heat and Power in New York
In his Environmental Law column, Michael B. Gerrard, Andrew Sabin Professor of Professional Practice and director of the Center for Climate Change Law at Columbia Law School, writes that an...
View ArticleRealty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, analyzes recent rulings, including a case where two different groups of shareholders claimed to be the legitimate board of a co-op and became locked in...
View ArticleFederal Circuit Declines to Endorse Doctrine of Patent Marking Estoppel
Scott D. Locke, a partner at Dorf & Nelson, writes: A number of courts have taken the position that by placing a patent number on a product, a manufacturer who has paid royalties is estopped from...
View ArticleThe IRS, Email Privacy and the Legislative Answer
In his Tax Litigation Issues column, Jeremy H. Temkin, a principal in Morvillo Abramowitz Grand Iason & Anello, discusses the protection afforded to electronic communications, the IRS' position on...
View ArticleNew Deals
Business software vendor BMC Software has agreed to sell itself to a consortium of private investors led by buyout firms Bain Capital and Golden Gate Capital for $6.9 billion in cash, the companies...
View ArticleFinding and Refining Boundaries in Copyright Law
In his Intellectual Property Litigation column, Paul, Weiss, Rifkind, Wharton & Garrison partner Lewis R. Clayton reviews recent decisions of interest, including one where a Second Circuit panel...
View Article'Faragher' and 'Ellerth': Revisited 12 Years Later
Paul Millus, of counsel to Meyer, Suozzi, English & Klein, writes that in 1998 the Supreme Court decided two cases on the same day that changed employment discrimination law and spurred a cottage...
View ArticleWe're All on First: Coordinating Data Breach Response
In his Data Security column, Steven Beede, founder and general counsel of Crest Over Ventures, writes: The complex matrix of external risks and regulations has given rise to a proliferation of...
View ArticleSending U.S. Employees to China: Things to Consider
In his Employment Issues column, Littler Mendelson partner Philip M. Berkowitz discusses the benefits and challenges for both the individual and employer in structuring an overseas assignment as an...
View ArticleInsider Trading: Examining Tipper and Tippee Liability
Greg Kramer, a partner at Kleinberg, Kaplan, Wolff & Cohen, writes that recent SEC enforcement actions demonstrate that even casual disclosures of material, non-public information between friends...
View ArticleTrial Lawyers: Reality and the Constitution
In a speech given after receiving the Federal Bar Council's Learned Hand Award on Law Day, Second Circuit Judge Barrington D. Parker Jr. said: In thinking about cases such as 'Loving v. Virginia' and...
View ArticleThree Decisions Address Actions Involving Government Entities
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Dora L. Irizarry, largely denying the parties' motions for summary...
View ArticleCourt of Appeals Decisions Clarify Primary Assumption of Risk Defense
Brian W. McElhenny, a partner at Goldberg Segalla, discusses the application of a doctrine that remains under fire in tort litigation to athletic activities occurring under suboptimal conditions and to...
View ArticleComments on Proposed Enhanced Standards for Non-U.S. Banks
In her International Banking column, Kathleen A. Scott, counsel at Arnold & Porter, writes that, while one can understand the FRB's interest in having the prudential standards for the large...
View ArticleDodd-Frank Brings Regulatory Change to Investment Advisers
Patrick D. Sweeney, a partner at Herrick, Feinstein, and Matthew H. Kunkes, an associate at the firm, write that Dodd-Frank enacted various new exemptions that focus on specific types of investment...
View ArticleHow a Man Named Brady Made History 50 Years Ago
Zuckerman Spaeder partner Paul Shechtman recounts the crime of John Leo Brady and Donald Boblit, Boblit's multiple confessions (not all of which were provided to Brady's defense), the appeals of...
View ArticleIncome Deferral Strategies for High-Income Taxpayers
In his Tax Tips column, Sidney Kess, of counsel at Kostelanetz & Fink, writes: In 2013, there is a new, harsher tax landscape for high-income taxpayers. The top rates on ordinary income, capital...
View ArticleNew and Proposed Research Rules Create Compliance Challenges for Banks
Lanny A. Schwartz, a partner at Davis Polk & Wardwell in New York, and Jeffrey T. Dinwoodie, an associate in the firm's Washington, D.C., office, write that, prompted in part by allegations of...
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