News & Publications

U.S. Supreme Court Reopens The Federal Courthouse Door To Property Owners’ Takings Claims

In a June 21 opinion, the U.S. Supreme Court finally reversed a 1985 ruling that has prevented property owners across the country from challenging land use regulations and permit conditions in federal court under federal constitutional standards. In Knick v. Township of Scott, the Court restored the right of property owners to bring claims that government has "taken" their property without paying "just compensation" directly in federal court. The new decision promises a substantial change in [...]

Don’t Block My View Of Central Park!

It's not only the sleek new condominium towers rising along Billionaires' Row that offer priceless views of Central Park. At the venerable Essex House Condominium on Central Park South, an Art Deco gem that first opened as a hotel in 1931, two unit-owners recently fought a court battle royale when one owner blocked a sliver of the other's coveted view of Central Park. The case revolved around an intriguing question: just how much is a view of Central Park worth? [...]

Fiduciary Framework For Investment By Defined Contribution Plans In Alternative Assets

With the maturing, growth and increasing importance of defined contribution plans to the retirement security of US employees, many plan fiduciaries and managers of designated investment alternatives designed for defined contribution plans are considering whether it is appropriate and prudent to include a broader array of asset classes in defined contribution plan portfolios to enhance diversification, investment return and retirement outcome for defined contribution plan participants. This Legal Update reviews recent trends, considerations under the [...]