New York Law Journal | Analysis
By Russell Yankwitt, Connor Hilbie, David Steinmetz and Jody Cross | December 6, 2022
This authors open the debate of whether specific performance, monetary damages, or a combination of the two is the "best" remedy for a contractual dispute involving real property.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | November 21, 2022
Companies like Uber and Lyft have buried arbitration clauses in their terms of service, and then invoked them when sued by their passengers. For this reason, it is important that personal injury attorneys have some basic fluency in the principles that apply when courts are asked to evaluate when a case can or should be sent to arbitration.
New York Law Journal | Analysis
By Jessica Copeland and Riane Lafferty | November 18, 2022
'Van Bortel v. Ford Motor Co.' serves as a reminder that while oral agreements can sometimes be enforceable, it is rare. Contracts should be in writing.
By Brian Lee | November 16, 2022
By not paying it to permanently disabled firefighters, their lawyer argued, "You're discriminating against them when everyone else gets it."
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | November 15, 2022
The Court of Appeals ruled last month that language in a contract must be express and "unmistakably clear" in order to evince the parties' intent to indemnify each other for attorney fees in an action between the parties.
New York Law Journal | Analysis
By Joseph D. Nohavicka | November 14, 2022
Writing in clear, plain language that the party is entitled to recover attorney fees in any situation will help to avoid potential litigation.
New York Law Journal | Analysis
By Stephen M. Kramarsky and John Millson | November 14, 2022
The law in this area is likely to get more complicated before it gets simpler. The 'Lightstone' case shows that even a relatively simple emoji, with relatively straightforward meaning, can lead to a nuanced analysis.
Delaware Business Court Insider | News
By Ellen Bardash | November 3, 2022
The billionaire entrepreneur has taken the reins of the microblogging platform but Chancellor Kathaleen McCormick said there are still have shareholder concerns to work out.
New York Law Journal | Expert Opinion
By Peter E. Fisch and Salvatore Gogliormella | November 1, 2022
Severing a master lease generally entails a number of thorny issues. Because severance can have a meaningful impact on many of the parties' rights and remedies and on their ability to manage and exit their investments in the portfolio, the parties should carefully consider those issues at the outset, prior to entering into the master lease.
By Cheryl Miller | October 20, 2022
Cannabis dispensary operator MedMen said in a lawsuit that it shouldn't be forced to comply with the terms of a property lease because the marijuana that would have been sold there remains federally illegal.
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