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New York Law Journal

Foreclosure, Quiet Title and the Forsaken Doctrine of Election of Remedies

As discussed in this article, how acceleration is achieved in a mortgage contract can affect which accrual statute applies to both a cause of action for full foreclosure and the applicable statute of limitation.
12 minute read

New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the contracts case: "Korman v. Corbett," and the landlord-tenant case "Quinatoa v. Hewlett Assocs."
15 minute read

New York Law Journal

Reviewing New York's Commercial Lease Defenses to Paying Rent

Few landlords and commercial tenants have been completely immune from the governmentally imposed economic shutdown and COVID-19's wrath. Adam Leitman Baily and Dov Treiman discuss the three traditional theories under which commercial tenants can seek forgiveness of their rent.
14 minute read

New York Law Journal

Diversity Jurisdiction in the Second Circuit: The 'Tagger' Decision

After 32 years, the Second Circuit fills in a gap in its diversity jurisprudence.
9 minute read

International Edition

The Incoming EU Collective Redress Directive – What the US Experience Tells Us

Affected companies can learn from how the those in the US have dealt with the threat of class action lawsuits.
6 minute read

New York Law Journal

Negotiate The Prenuptial Agreement First, and Draft Later

Prenuptial agreements are hard enough for couples; exploring issues with both parties before presenting a first draft of the agreement, or using Mediation or Collaborative attorneys can help make the process easier, and create happier and more committed clients.
5 minute read

New York Law Journal

ADA and Gift Cards: A Victory for Businesses During the Pandemic

Thirty years after the enactment of the ADA, among all of the COVID-19 pandemic chaos, courts have repeatedly ruled in favor of businesses in cases alleging that a failure to offer accessible gift cards is a violation of the ADA.
7 minute read

The Legal Intelligencer

Ethics Forum: Questions and Answers on Professional Responsibility

I represent a law firm where one of the lawyers was discovered diverting cases and fees. The law firm has asked me to report this to the Office of Disciplinary Counsel. I had represented the lawyer who diverted the fees for a number of years ago. The present case has nothing to do with my prior representation of that lawyer long ago. Is there any ethical rule that prohibits me from reporting a former client?
11 minute read

New York Law Journal

Fair and Unfair in Creating Funds for Securities Fraud

A discussion of 'Liu v. SEC,' where the Supreme Court clarified the scope of the disgorgement remedy, and limited the SEC's discretion in making restitution to victims of securities fraud.
6 minute read

New York Law Journal

Co-Parenting in the Age of Corona: 5 Issues As We Reopen

Co-parenting issues that you should be discussing with your co-parent now in the hopes you don't have to end up in court later.
5 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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