Questioning 'Cariou' Rationale on Transformative Fair Use
Steven Schindler and Katherine Wilson-Milne write: On Sept. 15, the Seventh Circuit in 'Kienitz v. Sconnie Nation' delivered a rebuff to the Second Circuit's controversial copyright "fair use" holding...
View ArticleMarketplace
The John Simon Guggenheim Memorial Foundation, which awards fellowships to scholars, artists and scientists, has signed a direct lease with Vornado Realty Trust at 90 Park Ave., where the foundation...
View ArticleBig Deals
Teams from Wachtell Lipton recently advised Halliburton on its $34.6 billion cash-and-stock takeover of oil field services rival Baker Hughes, and Allergan on its proposed $66 billion cash-and-stock...
View ArticleDetroit, General Motors and Other High-Profile Cases
In his Bankruptcy Update, Edward E. Neiger discusses the historic confirmation of the City of Detroit's plan of reorganization and the status of litigation that brought General Motors back before the...
View ArticleEnforcing Judgments Against Bank Accounts Held Outside N.Y.
Richard A. Klass and Elisa S. Rosenthal discuss factors that both federal and state courts in New York have considered in determining whether or not assets held in another state can be used to satisfy...
View Article'Loser Pays': Who Will Be the Biggest Loser?
In his Corporate Securities column, John C. Coffee Jr. analyzes the trend toward bylaw and charter provisions that imposed some form of a "loser pays" rule on plaintiffs in intracorporate litigation.
View ArticleRedefined Role of Profit in Economic Substance Doctrine
In his Tax LItigation Issues column, Jeremy H. Temkin writes that the IRS has long challenged attempts by taxpayers to reduce their tax liability by executing transactions that lack economic substance,...
View ArticleDevelopments in 2014 on Dissolutions and Sales
In his Law Firm Partnership Law column, Arthur J. Ciampi analyzes some of 2014's important determinations involving "claw-back" claims against former partners by the trustee in the bankruptcy of Dewey...
View ArticleHUD's Disparate Impact Rule for Homeowners Insurance
Norma B. Levy and Elisabeth R. Curzan discuss the ongoing battle between the insurance industry and the Department of Housing and Urban Development over HUD's authority to adopt a disparate impact rule...
View ArticleRefusing to Enforce Foreign Judgments
In their International Litigation column, Lawrence W. Newman and David Zaslowsky write: Although the United States is not a party to any judgment enforcement treaty, courts in this country regularly...
View ArticleCourt of Appeals Addresses Meaning of 'Affiliate'
In his Contract Law column, Glen Banks writes: A contract may provide that a right or obligation will be triggered by an action of, or receipt by, an "affiliate" of a signatory. Should the term...
View Article'Grace v. Law' Sets New Standard in Legal Malpractice Cases
Howard S. Jacobowitz and Diane K. Kanca discuss the background of and decision in 'Grace v. Law', where the Court of Appeals held that failure of the plaintiff to appeal an underlying adverse ruling...
View ArticleVerdicts and Settlements Hall of Fame: Medical Malpractice
VerdictSearch and the New York Law Journal are proud to honor some of the highest dollar—and highest profile—medical malpractice cases from New York over the last five years.
View ArticleThe Odyssey of Truth: Actual Innocence and Reinvestigation
In his Criminal Law column, Ken Strutin, the director of legal information services at the New York State Defenders Association, writes: A wrongful conviction can be concealed by a plea, a trial and...
View ArticleAttorney Disqualification and Opposing Summary Judgment
In his Northern District Roundup, Adam R. Shaw discusses a pair of recent decisions that address thorny issues that often confound even seasoned practitioners: the rules for attorney disqualification...
View ArticleNew York Revises Certificate-of-Need Review Requirements
In his Health Law column, Francis J. Serbaroli discusses the Department of Health's recent revisions to New York's Certificate-of-Need regulations. He notes that these revisions should assist hospitals...
View ArticleRole of Mental Health Professionals in Child Custody Cases
Lawrence Jay Braunstein, Lyn R. Greenberg and Arnold T. Shienvold write: Mental health professionals have long been involved with divorcing families, but recent years have seen an increase of...
View ArticleRealty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law, reviews three cases: ?Matter of an Inquiry by Schneiderman, Attorney General of the...
View ArticleCourt Overrules 40-Year-Old Precedent in Zoning Case
In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz discusses how New York?s highest court has established a new standard for determining whether a zoning board of appeals...
View Article'Motorola,' the Separate Entity Rule and 'Koehler'
write: Pursuant to the Court of Appeals' recent ruling in 'Motorola', New York law is now settled, and the separate entity rule is here to stay. The decision, however, may result in a significant...
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