On July 23, 2021, Schlam Stone & Dolan partner Jeffrey M. Eilender and counsel Joshua Wurtzel secured a significant victory for their client in federal court in Arizona, winning almost $100,000 in attorneys’ fees following a successful summary-judgment motion. In Arizona, courts have the discretion to shift fees in contract cases. And over the defendants’ objections, the court did just that, agreeing with Eilender and Wurtzel that it was appropriate to award their client attorneys’ fees, and rejecting the overwhelming majority of defendants’ challenges to a fee award.
The firm’s lawyers write for the New York Law Journal and for other print and online publishers. In particular, Harvey Stone and Richard Dolan write the Eastern District Roundup, a monthly New York Law Journal column summarizing notable decisions in the Eastern District of New York.
Our previous article on this topic outlined the challenging issue of LIBOR transition—that is, moving from LIBOR to another benchmark rate—for asset-backed securities such as residential mortgage-backed securities (RMBS), and particularly, the complication created by there being two levels of transition: LIBOR-indexed mortgage notes that are assets of an RMBS securitization trust, and LIBOR-indexed interest rates paid on the securities issued by the securitization trust.
Recent decisions and the use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the New York commercial real-estate market—and the economy more generally. Read more>>
Much has been written over the past decade, in this journal and elsewhere, about the manipulation of the London Inter-Bank Offered Rate (LIBOR) and the subse-quent decision to end its use as a benchmark interest rate. This article addresses the challenging issue of LIBOR transition—that is, moving from LIBOR to another benchmark rate—for asset-backed securities such as residential mortgage-backed securities (RMBS). RMBS is one of a class of assets that face the complication of two levels of transition: LIBOR-indexed mortgage notes that are assets of an RMBS securitization trust, and LIBOR-indexed interest rates paid on the securities issued by the securitization trust. Read more>>
Here’s What You Need to Know About the COVID-19 Vaccine, the ADA and EEO Laws The introduction of Covid-19 vaccines is raising new legal issues that employers are grappling with as they consider bringing employees back to physical workspaces. Specifically, employers may have questions regarding whether or not they can require returning employees to take COVID-19 vaccines, and to what extent they can ask employees for proof that they are fully vaccinated without conflicting with the Americans with Disabilities Act (“ADA”).
Schlam Stone & Dolan commercial litigation attorney Joshua Wurtzel published an article in this week's New York Law Journal advising commercial landlords on how to maneuver through the challenges posed by the COVID-19 pandemic.
In their column on International Criminal Law and Enforcement, Vera M. Kachnowski and Alexandra M.C. Douglas examine the case of a Turkish bank claiming immunity from prosecution under the Foreign Sovereign Immunities Act. Read More>>
On October 6, 2020, Governor Cuomo issued a new executive order closing “non-essential” businesses in certain zip codes based on increased COVID positivity rates in those zones. Seven months into the pandemic, it is time to reevaluate the constitutionality of this approach that has so devastated small businesses. Read more>>
Christopher Dyess describes potential employer liability for workers who contract COVID-19 on the job and makes suggestions for reducing legal risks.
SSD partner Elizabeth Wolstein discusses possible Fifth and Fourteenth-Amendment implications of business shut-down orders.