The Yukos Case: More on the Fourth Arbitrator
In their International Dispute Resolution column, Lawrence W. Newman and David Zaslowsky write that in connection with the largest arbitration award ever issued, questions of the extent and influence...
View ArticleSignificant Changes to New York Brownfield Cleanup Program
In her State Environmental Regulation column, Charlotte A. Biblow writes that with the adoption of this year's budget on April 1, the BCP has been extended and given renewed life. This extension,...
View ArticleGovernment Reviews Work Shift and Overtime Requirements
James R. Hays and Shira Forman write that if the retail world can be said to operate in seasons, then, for New York retailers, this one could be characterized as the season of uncertainty, with the...
View ArticleOil and Gas Companies Seek Chapter 11 Protection
In his Bankruptcy Update, Edward E. Neiger writes: As U.S. oil prices plunged to below $50 a barrel, an over 50 percent decrease as compared to prices a year ago, numerous oil and gas firms,...
View ArticleAffiliate Transactions Involving Non-U.S. Banks
In her International Banking column, Kathleen A. Scott writes: A banking organization may wish to involve some of its affiliates as participants in a particular transaction, but may find itself...
View ArticleLitigation Funding: Moving Toward Social and Ethical Responsibility
Charles D. Schmerler and Jami M. Vibbert of Norton Rose Fulbright US write: With this rise in prominence of third-party funding of litigation has come the attention of both sophisticated investors...
View ArticleThe Application of Foreign Law When Litigating a Forum Selection Clause
Aaron H. Marks and Sarmad M. Khojasteh of Kasowitz, Benson, Torres & Friedman discuss below how courts in the Second Circuit, in view of 'Martinez', will approach interpreting a forum selection...
View ArticleThe Rules of the Game Have Changed in Patent Litigation
Joseph M. Casino of Wiggin and Dana writes: The recent changes to patent law dictate an overhaul of patent litigation practices and create the opportunity for new strategies. The changed laws can be...
View ArticleCourts Divide on Use of Prior Unadjudicated Complaints
Michael W. Ross and Justin O. Spiegel of Jenner & Block describe the differing approaches to reliance on prior unadjudicated complaints within the Second Circuit under Rules 11 and 12. Until those...
View ArticleApplying Rule 68 on Offers of Judgment to Class Actions
Anthony Michael Sabino and Michael A. Sabino write that Rule 68 is one of the more innocuous provisions of the FRCP, permitting a defendant, prior to trial, to make an offer to have a judgment entered...
View ArticleAssessing Employee Impairments
Jeffrey S. Klein and Nicholas J. Pappas write that the recent Germanwings tragedy is an extreme example, but it serves as an apt reminder of an important question: When faced with an employee or job...
View ArticleDoes 'DeBour' Permit a Fifth Level of Police-Citizen Encounter?
In his Criminal Law and Procedure column, Barry Kamins writes that despite 'People v. DeBour's' clear delineation of four tiers of street encounters initiated by police officers, lower courts have...
View ArticleNavigating Creditors' Rights in the Surrogate's Courts
Melanie I. Wiener writes: Brave creditors who venture into Surrogate's Court often face costly and practical obstacles (i.e., proving a debtor's genealogy) and ineffective enforcement mechanisms (i.e.,...
View ArticleThird-Party Subpoena Extended to Overseas Affiliates
In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal write: A recent federal court decision should serve as a wake-up call to companies that find themselves on the receiving...
View ArticleConvicted Corporations Aren't Really Bad Boys
In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Insofar as corporate entities cannot be jailed, "bad boy" provisions imposed after a felony conviction normally impose...
View ArticleAdditional Recent Decisions on Continuous Treatment
In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write that where applicable, the continuous treatment doctrine permits medical malpractice actions to be brought beyond the...
View ArticleMarketplace
Olshan Frome Wolosky has signed a 15-year lease with the Paramount Group Inc. for 53,110 square feet at 1325 Avenue of the Americas as the site of its new headquarters. Also, SL Green Realty Corp. has...
View ArticleRealty Law Digest
Scott E. Mollen reviews 'Moutopoulis v. 2075-2081 Wallace Avenue Owners,' where the lesson learned was that a cooperative corporation's poor financial condition could render the individual co-op...
View ArticleFate of Acceleration Clause After Landlord Retakes the Property
In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein discuss the Court of Appeals decision in '172 Van Duzer Realty v. Globe Alumni' on the enforceability of an acceleration clause...
View ArticleOfficial Committees in Bankruptcy Court
Norman N. Kinel and Philip J. Gross write: In two recent high-profile bankruptcy cases, 'In re City of Detroit, Michigan' and 'In re Caesars Entertainment,' bankruptcy courts reached opposite and...
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