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New York Law Journal

A Potential Enforcement Trap for Mortgage Lenders

Mortgage lenders have many things to worry about when a loan goes into default and they seek to enforce their remedies, whether by foreclosing a mortgage or suing on various guarantees. One thing which may not cross their minds, but can cause a delay in enforcement, is whether or not their lending entity is required to be authorized to do business in the State of New York.
6 minute read

New York Law Journal

Caveat Emptor No More! Let the Seller Beware?

Irwin Izen shares his thoughts on an amendment to Article 14 of the NYS Real Property Law, also known as the Property Condition Disclosure Act, which takes effect on March 20.
12 minute read

New York Law Journal

Policies Covering Direct Physical Loss Do Not Apply to COVID Business Interruption Losses

The Court of Appeals recently clarified that insurance policies providing coverage for "direct physical loss or damage" to an insured's premises do not apply to business interruption losses sustained as a result of COVID-19 absent some actual, material alteration to those premises or a complete and persistent dispossession from the premises.
5 minute read

New York Law Journal

The Trump Indictments and the Conflation of Chaos

Former President Donald Trump's unparalleled ability to "delay" lies directly at the feet of the prosecutors for the three major criminal cases against him and the attorney general of the United States, the Law Journal's Joel Cohen writes.
7 minute read

New York Law Journal

Delaware Court Invalidates Portions of Stockholder Agreement

A Delaware Court of Chancery decision to invalidate significant portions of a stockholder agreement could have a marked impact on public companies, impacting M&A activities such as joint ventures, settlements with activist investors and minority venture capital investments.
7 minute read

New York Law Journal

Is GameStop the New Blockbuster? Court Considers VPPA Application to Tracking Pixel Technology

A recent case out of the Southern District of New York involved the application of the Video Privacy Protection Act to a novel category of visual art and a method of data collection that would have been science fiction to the statute's drafters. Judge Swain's careful analysis of these issues is worth a look.
11 minute read

New York Law Journal

A Prescription for Revolving-Door Justice

A "clear" response to recidivism is to enhance the penalties for crimes committed while released on a desk appearance ticket, supervised release, probation or parole, a Law Journal columnist writes.
3 minute read

New York Law Journal

CPLR 5511: Relief to Nonparties, to a Nonappealing Child

This article discusses 'Johnson v. Johnson', which remedied such a concern even though the attorney for the child did not appeal from the order, as well as an understanding of aggrievement, CPLR 551, as it relates to nonparties and to nonappealing parties is instructive.
13 minute read

New York Law Journal

Catch Me If You Can: How To Detect Trustee & Estate Fraud

Estate theft often goes undetected because family members cannot identify red flags or know how to investigate potential theft. This article identifies and discusses those red flags and the benefits of forensic accounting.
5 minute read

New York Law Journal

'Philpot v. Independent Journal Review'

In 'Philpot v. Independent Journal Review', the Fourth Circuit reversed the district court's findings regarding fair use and copyright registration validity.
11 minute read

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