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June 07, 2024 | The Legal Intelligencer

Recent Commonwealth Court Ruling Underscores Importance of Tax Sale Notice Requirements

Earlier this year, the Pennsylvania Commonwealth Court found that a real estate tax sale was properly voided where the County Tax Claim Bureau failed to provide a property owner with actual notice of the real estate tax delinquency and where it failed to establish on the record that it met all notice requirements under Pennsylvania law.
8 minute read
June 07, 2024 | Daily Business Review

A Symptom of a Broader Issue: Politics vs. Constitutional Law in 'CFPB v. CFSA'

This case was not really about nuances of constitutional appropriations but the fundamental mission of an agency that is tasked with making rules and then enforcing those rules. Unlike the traditional bank regulators that consider the safety, soundness, and overall health of the entities they supervise, the CFPB's mission is that of an enforcer—a "check" on those that are regulated.
9 minute read
June 07, 2024 | The Legal Intelligencer

Litigation Implications of Using AI Tools in Your Business

Given the rapid adoption of these tools, many businesses may not have considered the impact that their use may have on e-discovery and future litigations. Though predicting the future is a difficult task, it is worth including litigation and e-discovery as part of an impact assessment of using AI tools in your business and what steps should be taken to mitigate those risks.
5 minute read
June 07, 2024 | New York Law Journal

Are Make-Whole Provisions Enforceable in Bankruptcy? It May Depend on Where the Debtor Files

Most make-whole provisions are enforceable outside of bankruptcy, but courts have issued conflicting decisions on their enforceability in Chapter 11 cases.
8 minute read
June 07, 2024 | New York Law Journal

Article 12 Amendments to UCC Can Fix 'Fatal Flaws' of Laws Governing Digital Assets

Updating the NY UCC will further New York's well-established policy of encouraging New York choice of law and jurisdiction in commercial contracts and will help facilitate ever-growing electronic commerce in New York.
8 minute read
Law Journal Press | Digital Book Georgia Construction Law Handbook 2024 Authors: T. BART GARY, JAKE CARROLL View this Book

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June 07, 2024 | New York Law Journal

Hitting 'Pause' on the Corporate Transparency Act: Part II

In Part 2 of his two-part series, Anthony Sabino continues his discussion of "National Small Business United v. Yellen," which held the Corporate Transparency Act to be unconstitutional on multiple grounds.
8 minute read
June 07, 2024 | New York Law Journal

Bankruptcy Rule 9031: Out of Date and Out of Touch—Why an Amendment is Long Overdue

Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.
9 minute read
June 07, 2024 | New York Law Journal

Who Enforces New York's Good Cause Law?

In this article, Erica F. Buckley provides an overview of the Good Cause Eviction Law, the role of the Division of Housing and Community Renewal and whether she believes the New York Attorney General will seek to enforce Good Cause.
9 minute read
June 07, 2024 | New York Law Journal

The New Venue Debate: Inefficiencies of Applying a Dated Statute to a Modern World

While debtors' selection of venue in Chapter 11 cases and the relevant statutes have been the subject of historical debate, the scrutiny of venue has noticeably increased with a material uptick in venue inquiries and formal objections.
8 minute read
June 07, 2024 | New York Law Journal

A Biblical Reconciliation Between Judaism and Islam: A Lesson for Everyone, Everywhere

Given the current deep divide in America on everything—politics, economics, race and human rights—and everywhere—urban/rural, coastal/heartland, and the widespread lack of tolerance for diversity and treatment of opponents as enemies, is it fair to ask whether Americans can live together peacefully and treat the public interest as taking precedence over private privilege and personal political expediency?
6 minute read

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