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May 06, 2024 | New York Law Journal

Legislative Relief for Ground Lease Cooperatives: The Next Phase of Rent Regulation

Cooperative corporations and their shareholders allege that they are subjected to unpredictable and frequently significant rent increases when ground rents reset.
8 minute read
May 06, 2024 | New York Law Journal

The Social Media State Action Decision

Although Section 1983 and the Fourteenth Amendment draw a dichotomy between state action and private action, the real world is much messier than that. In 'Lindke v. Freed', the U.S. Supreme Court in a unanimous decision provided guidance for determining when a state or local official's social media activities constitute state action.
10 minute read
May 06, 2024 | New York Law Journal

Rembrandt and Frans Hals: Two Great Painters Demonstrate Demeanor Affects Litigation

Rembrandt and Hals, frequent litigants, demonstrate what every litigator knows, or should know: character and behavior of a party and counsel—trustworthiness, reliability and civility—can significantly influence the outcome of litigation.
10 minute read
May 06, 2024 | Daily Business Review

The Role of ADR in Patent Licensing Agreements

It is crucial that patent licensing agreements be properly structured to ensure that the intention of the parties is clearly described and that the structure of the agreement comports with the rigid and ever-evolving laws governing these contracts.
6 minute read
May 06, 2024 | Daily Business Review

FTC Ruling Bans Noncompete Agreements ... For Now

Whether the final rule survives legal challenges or not, employers should still identify their confidential and trade secret information and ensure the company reasonably protects this information. Employers should also take steps to ensure departing employees have not retained such information for the benefit of the new employer.
6 minute read
May 06, 2024 | New York Law Journal

Columbia University Cancels University-Wide Commencement

The university is focusing its resources on keeping the school ceremonies "safe, respectful and running smoothly," according to a separate May 6 announcement regarding commencement.
2 minute read
May 06, 2024 | The Legal Intelligencer

The Sword of Damocles and Relation Back: The Meaning of 'Good Cause'

The relation back component of Federal Rule of Civil Procedure 15(c) is like a sword of Damocles. Whether a plaintiff in good faith can file an amended complaint pursuant to Rule 15(c), which relates back to the time before the statute of limitations expired, can be the difference between the "life and death" for an action of malpractice versus a good night's sleep and no worries for the filling attorney.
10 minute read
May 06, 2024 | Daily Business Review

Nonbinding Arbitration: Finding a Way to Resolution

Regardless of why the case gets referred to nonbinding arbitration, the referral adds an additional layer of preparation and expense to the litigation process. As such, it makes sense for lawyers to use this opportunity to develop the strengths and weaknesses of their case and posture it for resolution.
8 minute read
May 06, 2024 | Litigation Daily

Litigation Leaders: Scott Kane of Squire Patton Boggs on Directness, the Importance of Action, and Commitment to the 'Mission'

Kane, a U.S. Army vet, was managing partner of the firm's Cincinnati office before becoming co-chair of the firm's global litigation practice last month.
6 minute read
May 06, 2024 | National Law Journal

Arguing Class Actions: Returning to the Plain Meaning of 'Predominance'

Arguing Class Actions is a monthly column for the National Law Journal written by DiCello Levitt's Adam J. Levitt.
7 minute read

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