'Borden': a Welcome Sea Change on New York State Class Actions
Thomas A. Dickerson and Colleen D. Duffy discuss CPLR Article 9, which provides for the aggregation of similar claims in a class action if certain prerequisites are met and write: "While there is still...
View ArticleRecent Challenges to the FTC's Data Regulation Authority
In his Cross-Border Concerns column, Stephen Treglia of Absolute Software Corporation writes: The litigation in both 'Wyndham' and 'LabMD' may be a long way from done, but one or both have the...
View ArticleN.Y. Proposed Right of Publicity Statute for Deceased Celebrities Appears Dead
Elizabeth McNamara and Camille Calman of Davis Wright Tremaine write that the right of publicity for the deceased looks destined to die in committee as New York's Legislature struggles to reach the end...
View ArticleMarketplace
The Association of National Advertisers has renewed its lease with Marx Realty & Improvement Co. Inc. and has nearly doubled the size of its headquarters at 708 Third Ave. Also, Law360, whose...
View ArticleRealty Law Digest
Scott E. Mollen reviews 'Matter of Figueroa v. New York City Housing Authority,' where the court held that NYCHA's dismissal of a succession claim violated the petitioner family member?s due process...
View ArticleNoteworthy Changes Enacted by the Rent Act of 2015
In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss the most relevant changes enacted by the Rent Act of 2015 which was signed into law by Governor Cuomo on June 26.
View ArticleIssue Selection and the Applicable Standard of Review
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty, Jr. write: With some nuances, there are two basic standards of appellate review: de novo (literally, "from the beginning") and...
View ArticleTax Treatment of Condominiums—Under and Outside IRC §528
In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel discuss the conditions that a condominium association must meet in order to qualify as a homeowners association under IRC...
View ArticleIs It Time to Reconsider 'Chevron' Deference for SEC Proceedings?
In his Corporate Crime column, William F. Johnson analyzes whether 'Chevron' deference should still apply to the SEC's administrative litigation process without limitation and states that it remains to...
View ArticlePeer-Review Experts in Custody Litigation
In his Matrimonial Practice column, Timothy M. Tippins discusses peer-review experts, whose purpose is to educate the court with respect to methodological deficiencies that threaten the reliability of...
View ArticleCourt of Appeals Continues to Extend No-Fault 'Preclusion' Rule
In his Insurance Fraud column, Evan H. Krinick writes: A decision issued by the New York Court of Appeals early in June extends application of the court-created "preclusion" rule in no-fault insurance...
View ArticleFATCA in a Nutshell for Foreign Trusts, Trustees and Beneficiaries
Lucy S. Lee and Irene A. Steiner of Akin Gump Strauss Hauer & Feld write: Administrators and beneficiaries of foreign trust structures must carefully analyze their particular facts to determine,...
View ArticleNew York's Unitary Combined Reporting Rules: Guidance Is Needed
Jack Trachtenberg, Jennifer S. Goldstein and Jason B. Feingertz of Reed Smith address issues taxpayers are likely to face in applying the new unitary combined reporting regime and suggest areas where...
View ArticleLeveling the Playing Field for Community Developers
Mark Hoenig and Scott Fryman of Weil, Gotshal & Manges discuss two recent high profile cases, one involving Shea Homes and the other involving Howard Hughes Company, that have altered the tax...
View ArticleObtaining a Higher Tax Basis: Acquisition Strategy or Trap?
Joshua Milgrim of Dechert describes some of the basic requirements related to obtaining an increase in tax basis, and then focuses on how the value of this benefit can be analyzed, including certain...
View ArticleStrategies for Navigating Business-to-Business Data Breaches
Joseph V. DeMarco and Urvashi Sen write that with all the media and legislative focus on data breaches affecting consumers, it is easy to understand why such breaches generally receive companies' best...
View ArticleAmendments to Rules of Professional Conduct Are Mixed Bag
In his Professional Responsibility column, Anthony E. Davis discusses some of the more noteworthy amendments, including new comments addressing lateral attorney movement and updated rules and comments...
View ArticleClass Representatives and Counsel Under CPLR Article 9
Richard J. Schager Jr. writes that while the New York Legislature has yet to mount an effort to reform state class action rules to require judges to consider counsel's experience in appointing class...
View ArticleFacebook Discovery and Spoliation Sanctions
In his State E-Discovery column, Mark A. Berman discusses 'HMS Holdings v. Arendt', which explained that in order to determine whether a requested sanction "fits the crime," courts balance the...
View ArticleChosen Law Found Not to Apply to Enforce Restrictive Covenants
In his Contract Law column, Glen Banks reviews a recent case in which the Court of Appeals ruled that the right of an employee to pursue her livelihood was a fundamental public policy of New York such...
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