Defendants' Liability Curtailed in Three Significant Decisions
Jeffrey S. Lichtman and Richard A. Menchini, partners at O'Hare Parnagian, write that three decisions from the recent term of the New York Court of Appeals clarified the hazy boundaries of tort duties,...
View ArticleUnderstanding Differences Between Trial, Appellate Oral Arguments
Morgan, Lewis & Bockius partners Allyson N. Ho and Kelly A. Moore write that there are three particularly important differences between trial and appellate courts: the different roles played by...
View ArticleNotable Opinions Include Application of CPLR in Contract Disputes
Patrick M. Connors, professor at Albany Law School, writes that while the Court of Appeals issued many civil practice holdings of importance to litigators, there were also opinions relevant to...
View ArticleCases Address Youthful Offenders, Depraved Indifference
Paul Shechtman, a partner at Zuckerman Spaeder, writes that despite the New York Court of Appeals not having its full complement of seven members from late November to early June, it issued 89 opinions...
View ArticleBreach of Duty to Defend Stands Out Among Noteworthy Issues
Evan H. Krinick, co-managing partner of Rivkin Radler, writes: The past term's significant insurance law decisions by the New York Court of Appeals resolved a variety of issues that will alter the...
View ArticleSummation: More Than a Final Argument
In their Trial Advocacy column, Ben Rubinowitz of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz and Evan Torgan of Torgan & Cooper write: Summation marks the attorney's final...
View ArticleEarly NIMCRUT Termination - Approved but With a Hitch
In his Estate Planning and Philanthropy column, Conrad Teitell, a principal at Cummings & Lockwood, discusses how to argue that the IRS's low-valuation position on termination of existing NIMCRUT...
View ArticleIRS Offers Simplified Safe Harbor Home Office Deduction
Michael Sonnenblick, founder of Sonnenblick Law, writes: The changing economic environment and the changing nature of work are allowing more individuals to work from home and be their own boss. Having...
View ArticleThe Serious Business of Appealing a Sanctions Order
E. Leo Milonas and Frederick A. Brodie of Pillsbury Winthrop Shaw Pittman write: Appealing a sanctions order presents unique considerations that make the exercise different from an appeal on the...
View ArticleStrategies for Interlocutory Appeals in Class and Collective Employment Actions
Proskauer Rose partners Mark Harris and Mark Batten write: Rule 23(f) gives the federal courts of appeals discretion to provide interlocutory review of class certification decisions, while 28 U.S.C....
View ArticleChildren Are Not So Precious Under Medical Malpractice Laws
Robert Vilensky, a partner at Ronemus & Vilensky, and Erica Podolsky, an associate at the firm, write: Children in our society are considered "precious assets" and are treated differently by the...
View ArticleFranchisor as Co-Employer: Emerging Issue in New York
In his Franchising column, Kaufmann Gildin & Robbins senior partner David J. Kaufmann discusses a recent decision in which current and former employees of franchised Domino's Pizza stores, in an...
View ArticleCourt Holds Securities Act Statute of Repose Not Tolled
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, review a decision in which the court held that 'American Pipe' tolling does...
View ArticleInternet Surfing Surveillance: An Evolving Balancing Act
In his Cyber Crime column, Peter A. Crusco, executive assistant district attorney, investigations division, Office of the Queens County District Attorney, writes: What type of legal authorization is...
View ArticleMarketplace
Expanding its New York City office, Chicago-based Hinshaw & Culbertson has moved to 800 Third Ave. from neighboring 780 Third Ave. Also, an apartment building at 1 Bogardus Place in Washington...
View ArticleAppellate Court Addresses Post-Closing Cost Segregation
In their Taxation column, Ezra Dyckman and Daniel Stahl of Roberts & Holland discuss the case 'Peco Foods v. Commissioner,' where the Tax Court disregarded a real estate purchaser's post-closing...
View ArticleRealty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law, discusses a mortgage foreclosure action where the Appellate Division held the lender...
View ArticleOn the Move: Changes for Trucking Freight and Ocean Shipping
David T. Maloof and Thomas M. Eagan, partners at Maloof Browne & Eagan, discuss the Moving Ahead for Progress in the 21st Century Act, which will go into effect Oct. 1 and bring far reaching...
View ArticleProsecutors, Aim Your Weapons - Targeting Fraud Upon Immigrants
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: Every immigration lawyer worth the...
View ArticleThe Court's Duty in a Condemnation Case
In their Condemnation and Tax Certiorari column, Michael Rikon and Jonathan Houghton, partners at Goldstein, Rikon, Rikon & Houghton write: Condemnation is not a private litigation but rather the...
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