Columns | February 22, 2012
Featured Columns
No More Waiting on Legal Immigration
In their Immigration Law column, Angelo A. Paparelli, a partner at Seyfarth Shaw, and Ted J. Chiappari, a partner at Satterlee Stephens Burke & Burke, write: President Barack Obama has professed a new strategy of impatience. In an effort to jumpstart the economy, the approach taps his exclusive authority over federal departments to craft executive orders. But, although he has taken initial positive steps, he can do much more to improve our immigration regulations and agency practices.
Employment / Government / Immigration Law / Schools and Education
Real Estate
Marketplace
The Leading Hotels of the World, Ltd. has signed a 15-year lease and will move its headquarters about a mile uptown to 485 Lexington Ave. from 99 Park Ave. Also, a Brooklyn apartment building at 31 Kosciuszko St. was purchased by GAIA Real Estate for $8.6 million.
Real Estate
Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, analyzes recent rulings, including one where the asthmatic resident of a co-op unit avoided penalties for installing an air conditioner unit in her home without the board's approval.
Attorneys Fees / Civil Practice / Civil Rights / Contracts / Landlord/Tenant Law
Featured Columns
The Advance Payment: Foundations and Trends
In their Condemnation and Tax Certiorari column, M. Robert Goldstein and Michael Rikon of Goldstein, Rikon & Rikon write: Despite the clear statutory prohibition against requiring a condemnee to waive any rights it may have as a condition to obtaining an advance payment, the subject still comes up frequently. In a recent trend, we find condemnors wrongfully insisting that condemnees provide waivers or releases from their tenants to obtain the advance payment made to them as owners of the fee.
Outside Counsel
Prosecutorial Discretion in Immigration Trials
Pankaj Malik, managing partner at Malik & Associates, reminds immigration attorneys that, although not a sure bet, explaining to a prosecutor how a client who poses no security threat satisfies the family situation, military service, education, community ties, age and other guidelines in the Morton Memo will make it easier for him or her to see the merits of dismissing your case.
Real Estate
Members of LLC's: They're Not As Limited as the IRS Would Like
In their Taxation column, Ezra Dyckman, a partner at Roberts & Holland, and Libin Zhang, an associate of the firm, write that last November the Treasury Department proposed a regulation describing for the first time how members of limited liability companies can materially participate in the LLCs' activities and deduct their share of the LLCs' flow-through tax losses against the members' other income.
Featured Columns
Reporting of Foreign Assets and Accounts
In his Tax Tips column, Sidney Kess, a CPA and of counsel at Kostelanetz & Fink, writes that federal law requires U.S. persons to report certain foreign assets and financial accounts each year. The reporting rules are confusing because reporting is required both to the Treasury and to the IRS, but the rules for reporting to these parties differ considerably.
Featured Columns
Second Circuit Opens Door to 9/11 Claims Against Foreign Governments
In their Aviation Law column, Kreindler & Kreindler partners Steven R. Pounian and Justin T. Green review 'Doe v. Bin Laden,' which represented a swift legal about-face for the Second Circuit that led the panel to solicit the views of all active judges under a rarely invoked "mini-en-banc" internal court procedure designed to address inconsistent prior opinions, in this case, the three-year-old 'In re Terrorist Attacks on September 11, 2001.'
Appeals / International Law / Judges / Torts / Transportation
Outside Counsel
Arbitration and Federal Post-Judgment Interest: Superseding Statutory Rate?
Lloyd A. Gura, a partner with Mound Cotton Wollan and Greengrass, and Matthew J. Lasky, an associate at the firm, examine federal case law regarding the dilemma that arises when an interest rate awarded by an arbitration panel or agreed to by the parties conflicts with the federal post-judgment rate.
Technology Today
Courts Tackle Spyware Interceptions
In his Cyber Crime column, Peter A. Crusco, executive assistant district attorney, investigations division, Office of the Queens County District Attorney, discusses significant legal issues raised by spyware, including whether the capture of an electronic communication is an illegal interception within the meaning of the Federal Wiretap Act.
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