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July 09, 2024 | New York Law Journal

Failure To Comply With RPAPL Article 13; Housing Discrimination: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Freedom Mortgage Corp. v. Thomas," and "Smith v. Davis."
14 minute read
July 09, 2024 | New York Law Journal

Not Yet Nominated, Randy Mastro Obtains More Support From Leading Lawyers

The mayor's office said it is "moving forward with Randy," even as the mayor has yet to officially nominate the King & Spalding partner for the corporation counsel role.
3 minute read
July 09, 2024 | New York Law Journal

Officially Unofficial: Who Qualifies as a 'Foreign Official' Under the Foreign Extortion Prevention Act?

Among the differences between the Foreign Corrupt Practices Act (FCPA) and is the Foreign Extortion Protection Act (FEPA) is the definition of a "foreign official." The FCPA definition is "any officer or employee of a foreign government or any department, agency, or instrumentality…or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality." The FEPA adds "any person acting in an unofficial capacity." What defines "unofficial capacity" is the focus of this article.
14 minute read
July 09, 2024 | New York Law Journal

Fifth Circuit Weighs In, Finds Section 523(a) Applies to Corporate Debtor in Subchapter V

The Fifth Circuit, in 'In re GFS Industries', recently issued a decision siding with the controversial 'Cleary Packaging' decision. All of a sudden, the subchapter V debtor's efforts to use a streamlined procedure could be undermined by Section 523(a) litigation even outside the Fourth Circuit.
7 minute read
July 09, 2024 | New York Law Journal

Trends in Litigation, Part 3: Oral Contracts and Quasi-Contracts

Adrienne Koch's third in her a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. This article focuses on circumstances in which contractual or contract-like liability can arise even in the absence of a written contract, and the importance of a drafting approach to avoid surprises.
6 minute read
July 09, 2024 | New York Law Journal

Federal Circuit To Decide Constitutionality of 'Bad Faith' Patent Litigation Statutes

On May 3, 2023, Judge David C. Nye of the District of Idaho imposed the first-ever bond order under Idaho's Bad Faith Assertions of Patent Infringement Act. In that order, the court required patent owner Katana or its parent company, Longhorn, to post an $8 million bond before allowing it to proceed with its patent infringement suit against Micron.
9 minute read
July 09, 2024 | New York Law Journal

2 Midsized Law Firms Ink Merger Operating Agreement

The combined firm will be a "regional legal powerhouse," the firms said, and will be led by current Harris Beach CEO Chris Jagel.
3 minute read
July 08, 2024 | New York Law Journal

Judicial Ethics Opinion 23-149

A new full-time judge may retain the lease of the office previously used for the judge's solo legal practice, where the lease is in the name of the judge and not the law firm under which the judge was doing business.
2 minute read
July 08, 2024 | National Law Journal

Bankruptcy Filings Surged in First Half of 2024 Amid Uptick in Big Chapter 11 Cases

"Commercial filing trends continue to show strong double digit percentage increases in year-over-year filings, while individual filings increased at a much lower rate compared to commercial filings in the first half of 2024," said Michael Hunter, vice president of the Epiq AACER bankruptcy data platform.
3 minute read
July 08, 2024 | New York Law Journal

Menendez 'Put His Power Up for Sale,' Prosecutor Tells Jury in Closing Argument for Senator's Bribery and Extortion Trial

The government argued that the jurors have seen, through the course of the nearly two-month-long trial, "a clear pattern of corruption."
3 minute read

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