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'Havana Central': Tort Liability and Holdover Tenants

Wednesday, July 9, 2008

By Gerald M. Levine

Gerald M. Levine, a partner at Levine Samuel writes that - in a case in which he represented one of the parties - the Appellate Division, First Department recently handed down a split decision upholding an incoming tenant's claim against a prior tenant for failing to vacate premises at the expiration of its lease; the case, he writes, has generated substantial comment and bewilderment in the real estate bar.

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Whither 'Stoneridge v. Scientific-Atlanta'? Early Results

Tuesday, July 8, 2008

By James C. Dugan

James C. Dugan, a partner at Willkie Farr & Gallagher, writes that decisions issued since Stoneridge suggest that lower courts are inclined to read the Supreme Court's holding broadly and dismiss claims against any third parties, regardless of their affiliation with an issuer, who are not alleged to have participated in preparing or disseminating false financial statements or other public statements. One interesting question left open is the degree to which a third party's active participation in drafting or preparing false statements that are then communicated to investors gives rise to a duty to disclose and whether the existence of such a duty trumps the fact that the false statements were not publicly attributable to the third party.

Female Sex Offenders: What Do We Do About Them?

Monday, July 7, 2008

By Susan L. Pollet

Susan L. Pollet, counsel and director of the New York State Parent Education and Awareness Program of the Office of Court Administration, writes that the media increasingly reports on female sex offenders, particularly female teachers who have sex with their male students. While this is undeniably a "sensational" topic, there are important reasons to explore this issue from the standpoint of protecting victims and communities, and treating female sex offenders to prevent further abuse.

'Rivkin': Fiduciary Obligations of Buyer's Broker

Thursday, July 3, 2008

By Clarence S. Barasch

Clarence S. Barasch, a member of the Law Firm of Clarence S. Barasch & Lionel A. Barasch, writes that although the New York Court of Appeals recently gave deference to the different roles played by a seller's and a buyer's broker in realty transactions, it found that in both situations there was no breach of a fiduciary relationship. This holding is consistent with its prior refusal to expand fiduciary relationships and acts as a useful guide to the brokerage community.

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