Patricia Kane

August 14, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Priceman Family, LLC v. Kerrigan,” where the court held that smoking inside one's apartment was found not prohibited by the lease and did not constitute nuisance; and “Zucker v. HSBC Bank,” where a loan and mortgage modification agreement restarted the statute of limitations on a mortgage debt.

By Scott E. Mollen

13 minute read

August 14, 2018 | New York Law Journal

While asset forfeiture is commonly thought of as applying to personal property, such as a vehicle used to illegally transport narcotics, in their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss its application to real property.

By Peter E. Fisch and Mitchell L. Berg 

12 minute read

August 14, 2018 | New York Law Journal

David Perla, managing director of Burford Capital provides guidance on the one common question asked of litigation finance providers: “What impact does working with a provider of litigation finance have on control of litigation and settlement decisions?”

By David Perla

9 minute read

August 13, 2018 | New York Law Journal

A discussion of the U.S. District Court for the Eastern District of Michigan decision BullsEye Telecom v. BroadSoft, concerning a dispute over whether a licensor of telecommunications software could compete with the licensee's customers for the same services.

By Richard Raysman and Peter Brown

7 minute read

August 07, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: 'Alston v. Starrett City Inc.' and 'Brookdale Vill. Hous. Corp. v. Garcia,' and the land use case 'Matter of De Francesco v. Perlmutter.'

By Scott E. Mollen

4 minute read

August 07, 2018 | New York Law Journal

In his Mortgage Foreclosure column, Bruce J. Bergman discusses eviction after foreclosure which is a “more obscure and thorny pursuit than might be imagined and could benefit from clarity and resolution,” something recent cases have helpfully supplied.

By Bruce J. Bergman

1 minute read

August 06, 2018 | New York Law Journal

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal write: In 2016, scant direction existed for organizations looking to structure a “Bring Your Own Device” program with e-discovery requirements in mind, and there was even less guidance for courts confronted with requests for discovery of ESI on such devices. That has changed thanks to a new publication from The Sedona Conference.

By Christopher Boehning and Daniel J. Toal

2 minute read

August 03, 2018 | New York Law Journal

The move away from the courts is based on efficiency rather than fairness. The lack of efficiency combined with the high cost of going to court, contribute, in in large measure, to the nation's “disappearing” jury trials.

By Robert J. Rock

1 minute read

August 03, 2018 | New York Law Journal

The “corruption defense,” as currently developed in international investment law, presents a number of difficulties that international investors and practitioners should keep in mind when considering their rights under international investment treaties and similar instruments.

By Alexander A. Yanos, Carlos Ramos-Mrosovsky, and Rajat Rana

1 minute read

August 03, 2018 | New York Law Journal

In recent years, U.S. courts have increasingly tended not only to enforce mandatory arbitration agreements, but also to compel arbitration even in instances where one of the parties did not sign an agreement to arbitrate. The title of Robin Thicke's 2013 megahit —“Blurred Lines”—provides an accurate description of what constitutes “consent” by a non-signatory in arbitration.

By Linda Gerstel

1 minute read