Columns

  • New York Law Journal | Analysis

    When Is a Campaign Contribution a Bribe?

    By Elkan Abramowitz and Jonathan Sack | May 2, 2024

    Campaign contributions can reflect genuine support for a candidate's positions and appreciation for ordinary aid to constituents. They can also become a bribe—that is, part of an illegal quid pro quo for political favors. What should the test be for deciding when a campaign contribution turns into a bribe?

  • New York Law Journal | Analysis

    Primer on Commercial Real Estate Loan Workouts and Right-Sizing, Part I

    By Richard S. Fries | May 2, 2024

    Today's commercial real estate market is in distress and has been, across a variety of asset classes, for several years. The reasons are well-known. Less well known is possibly the surest solution in this down cycle. This is a method to right-size commercial real estate loans where the value of the underlying real estate is so much lower than it was only a few years ago.

  • New York Law Journal

    Adultery, Fault Divorce, and Morals: A Complex Cocktail

    By Alan Feigenbaum | May 1, 2024

    If fault divorce in New York is hardly ever deployed, does any of this really matter? Yes, it does. First, as divorce lawyers, we should not applaud a system that allows for even the remote possibility of a fault-based divorce claim being used as a weapon that can, in turn, wreak havoc on a family, not to mention unnecessarily escalate legal fees.

  • New York Law Journal | Analysis

    Prosecuted for a Proffer

    By Evan T. Barr | May 1, 2024

    A recent development in the corruption prosecution of Senator Robert Menendez should set off alarm bells in the white-collar defense bar. While prosecutors have often sought to use statements made by counsel against defendants, bringing criminal charges against a client based on information conveyed during an attorney proffer is unprecedented.

  • New York Law Journal | Analysis

    Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)

    By Elliott Scheinberg | May 1, 2024

    The Third Department, in 'Fitzpatrick v. Tvetenstrand', has now adopted 'Evans' and 'Defisher'. It also logically reads the First Department's decision, 'Sims v. Comprehensive Community Development', abrogated by 'Ornstein v. New York City Health and Hospitals', as also so holding.

  • New York Law Journal

    Retroactive Application of FAPA; Modification of Ground Lease: This Week in Scott Mollen's Realty Law Digest

    By Scott Mollen | April 30, 2024

    Scott Mollen discusses "U.S. Bank National Association v. Joerger," and "Atlantic Ctr. Fort Greene Assoc., LLC v. City of New York."

  • New York Law Journal | Analysis

    2023 Annual Report of the Clerk of the Court of Appeals

    By Thomas R. Newman and Steven J. Ahmuty Jr. | April 30, 2024

    We are encouraged by, and very grateful for, Chief Judge Wilson's expressed "hope that, in coming years, we will receive even more civil motions and criminal leave applications, and that we will have the opportunity to decide even more appeals."

  • New York Law Journal | Analysis

    Second Circuit Takes on Case Involving Discovery of Regular Employees in Union Debate

    By Samuel Estreicher and Peter Rawlings | April 30, 2024

    A pending Second Circuit case will likely decide whether employers facing a preliminary injunction proceeding brought by the National Labor Relations Board can obtain court-sanctioned discovery from rank-and-file employees of their views of the "chilling effect" of particular employer actions on their willingness to support the union seeking to organize them.

  • New York Law Journal | Expert Opinion

    Nominal Sale Bid – The Court Stumbles (Partly)

    By Bruce J. Bergman | April 30, 2024

    In a continuation of his discussion on the efficacy of a plaintiff's nominal bid at a foreclosure sale, Bruce Bergman takes issue with the Third Department in its ruling in 'Wilmington Savings Fund Society FSB v. Oppitz.'

  • New York Law Journal | Expert Opinion

    Reconsidering the Pre-Nup

    By David I. Faust | April 30, 2024

    Wedding season is just around the corner, which is a good time to reconsider pre-nups. What are the origins of these agreements and why can they be so tricky for attorneys to negotiate? David I. Faust, partner at Gallet Dreyer & Berkey, explores the legal basis for pre-nups and cohabitation agreements and that, far from being cynical, they're a healthy way to build a solid foundation for a successful relationship.

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