When Can't a Creditor Credit Bid?
In her Secured Transactions column, Barbara M. Goodstein of Mayer Brown, through a discussion of a recent decision in the 'Aéropostale' case in the Southern District of New York, highlights issues and...
View ArticleUpdate on No-Fault and SUM Arbitration and Storm Sandy Mediation
William Considine, retired vice president for New York State Insurance Programs at the American Arbitration Association, and Frank Cruz, who currently serves in that position, describe the overall...
View ArticlePersonal Jurisdiction Under Foreign Sovereign Immunities Act
In their International Litigation column, Lawrence W. Newman and David Zaslowsky address foreign sovereign immunity and the commercial activity exceptions, pointing out how the courts have established...
View ArticleAfter 'Halo' and 'Octane Fitness': Are Patent Opinions Again Necessary?
Steven Roth, of counsel in the New York office of Locke Lord, explains that two recent U.S. Supreme Court cases have significantly changed the law on treble damages and attorney fees for willful patent...
View ArticleCourt Victories Don't Mean Voters Are in the Clear
Jerry H. Goldfeder and Myrna Pérez examine litigation over efforts of three state legislatures to impose barriers to the ballot box. While litigation activity over strict photo ID laws or other voting...
View ArticleJoint Employer Update: Changing Interpretations
Labor Relations columnists John P. Furfaro and Risa M. Salins address recent developments relating to the National Labor Relations Board?s expansive view of joint employer relationships and important...
View ArticleLatest Developments in the Law of Unmanned Aerial Vehicles
In their Privacy Matters column, Richard Raysman and Peter Brown write: Given the recency of the Part 107 Rules—which are designed to expand drone use—pertinent precedents are nonexistent. However,...
View ArticleLandlord's Duty to Remedy Lead Paint and the Meaning of 'Reside'
George M. Heymann, of counsel to Finz & Finz and director of the Housing Legal Clinic at Woodside on the Move, addresses the question of the meaning of the word 'reside' in determinations of...
View ArticleWhat About Selective Prosecution? Considerations and Analysis
Ethics and Criminal Practice columnist Joel Cohen examines cases, strategies and ethical considerations related to prosecutorial discretion, pointing out that cases that actually find the government...
View ArticleSubstantive and Procedural Issues Impact Surrogates' Decisions
Ilene Sherwyn Cooper provides in her Trusts and Estates Update column a look at significant Surrogate?s Court opinions that impacted trust and estate practice, substantively and procedurally.
View ArticleLandlord's Duty to Remedy Lead Paint and the Meaning of 'Reside'
George M. Heymann, of counsel to Finz & Finz and director of the Housing Legal Clinic at Woodside on the Move, addresses the question of the meaning of the word 'reside' in determinations of...
View ArticleSubstantive and Procedural Issues Impact Surrogates' Decisions
Ilene Sherwyn Cooper provides in her Trusts and Estates Update column a look at significant Surrogate?s Court opinions that impacted trust and estate practice, substantively and procedurally.
View ArticleRealty Law Digest
Scott E. Mollen reviews cases involving the fiduciary duty owed by tenants-in-common, the requirements of a notice of nonrenewal based on a landlord's assertion he was recovering the subject apartment...
View ArticleExpanding Strict Liability to Design Professionals for Excavation Damage
Paul M. Hellegers and Wojciech Jackowski, partners at Menaker & Herrmann, explore the expanding liability for damage during excavation activities, where historically only an owner/developer and the...
View ArticlePost-Lease Expiration Nonpayment Proceedings
In their Housing Litigation Column, Adam Leitman Bailey and Dov Treiman write: As a general rule of thumb, when there is a definitive appellate pronouncement on a principle of law in one judicial...
View Article'Carlson v. Ailes': When Can A Non-Signatory Compel Arbitration?
Arbitration columnists Samuel Estreicher and Holly H. Weiss discuss the sexual harassment lawsuit by Fox News personality Gretchen Carlson in New Jersey state court against Roger Ailes, then chairman...
View ArticleBest Efforts Private Securities Offerings: Rule 15c2-4
Real Estate Securities columnist Peter M. Fass describes "best efforts" offerings, in which the broker-dealer acts as the agent of the issuer in attempting to sell the units directly from the issuer to...
View ArticleOvertime Pay Morass—FLSA Overhaul to Take Effect Dec. 1
Chaim A. Levin, the Americas General Counsel of the Tradition Group, discusses the new Department of Labor regulations that will take effect on Dec. 1, 2016, pointing out that they do not precisely...
View ArticleSOX Certification Requirement and Clawback Provision
Corporate Litigation columnists Joseph M. McLaughlin and Yafit Cohn provide insight from the case 'SEC v. Jensen', where the U.S. Court of Appeals for the Ninth Circuit provided needed guidance on the...
View ArticleKey Provisions of New Criminal Justice Legislation: Part 2
Criminal Law and Procedure columnist Barry Kamins reviews new crimes enacted by the Legislature, as well as procedural changes, as well as new laws affecting sex offenders and prisoners.
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