DECISION OF THE DAY

Davis v. Davis

APPELLATE DIVISION
SECOND DEPARTMENT
Family Law

Free With Registration: Abandonment Must Be Sexual, Not Social, To Divorce, Panel Says

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FEATURED COLUMNISTS

Municipal Law

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Monday, November 23, 2009

By Jeffrey D. Friedlander

Jeffrey D. Friedlander, first assistant corporation counsel of the City of New York, discusses several recent transportation cases involving New York City, including litigation over pedicab registrations, the taxicab technology system that allows for electronic collection of trip-related data and the substantial increase of the fuel efficiency of taxicabs and legislation to further encourage bicycle commuting.

Trusts and Estates Update

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Monday, November 23, 2009

By Ilene Sherwyn Cooper

Ilene Sherwyn Cooper, a partner with Farrell Fritz, writes that the Appellate Division has provided significant direction to Surrogate's Court practitioners this past year, holding that a petitioner had forfeited her interest in a trust containing an in terrorem clause, which prohibited any beneficiary from contesting the trust or any of its provisions, when that petitioner requested that it be declared null and void in a prior guardianship proceeding; that a found document that purportedly made the appellant the co-owner of the apartment was not sufficient to establish a gift; and more.

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TECHNOLOGY TODAY

Defining Public Performance in Digital Transmission Age

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Tuesday, November 17, 2009

By Stephen M. Kramarsky

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: Copyright protection in the United States is broad, but not all-encompassing. The exclusive rights of copyright holders are set out in ©106 of the Copyright Act, and anything that falls outside the scope of those enumerated exclusive rights, or within any of the many exceptions found in the act, is beyond the scope of protection. This is a fairly straightforward statement of the law but it is easy to forget, and copyright holders often come to the conclusion that any use of their copyrighted material entitles them to a payment. As new technologies and new uses arise, that conclusion is not always a good fit with the law and the courts must step in to determine the boundaries of the statute.

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OUTSIDE COUNSEL

Tax Considerations Stemming From Restructuring Transactions

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Monday, November 23, 2009

By Elizabeth L. McGinley and Alexander W. Jones

Elizabeth L. McGinley, a partner at Bracewell & Giuliani, and Alexander W. Jones, an associate at the firm, discuss important differences in the tax consequences to both debtors and creditors resulting from various forms of debt restructuring transactions. There are a significant number of tax issues relevant to the parties in these transactions, and careful planning is necessary to maximize the after tax return to the creditors and also minimize the tax burden on the debtor, which is relevant to creditors that may benefit from the debtor's reduced cash tax liability.

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REAL ESTATE TRENDS

Financing

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Wednesday, November 18, 2009

By Jeffrey B. Steiner and Zachary Samton

Jeffrey B. Steiner, a member of DLA Piper, and Zachary Samton, counsel to the firm, write that borrowers need to consider the relative risks carefully when deciding whether to cease paying real estate taxes or take other actions which might constitute a form of economic waste and must be careful that such actions do not trigger personal liability under a non-recourse carve-out guaranty.

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CORPORATE UPDATE

Free With Registration: Corporate Securities

Thursday, November 19, 2009

By John C. Coffee Jr.

John C. Coffee Jr., the Adolf A. Berle professor of law at Columbia University Law School and director of its center on corporate governance, writes: "The Supreme Court has granted certiorari in, and will soon resolve, three related cases, all involving the scope of 'honest services' fraud under 18 U.S.C. §1346. By itself, this is unusual, because the Court usually takes only a single case and remands related cases for reconsideration in light of its decision. Also unusual is the fact that the Court is reconsidering the scope of mail and wire fraud, as §1346 was passed by Congress as a direct rebuff to the Supreme Court following the Court's last attempt (two decades ago) to trim the ineffably broad scope of the mail and wire fraud statutes."

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SPECIAL REPORTS AND MAGAZINES

Real Estate Law & Practice

Monday, November 23, 2009

In this Special Section from the New York Law Journal: "City Brownfield Program Meets an Important Need," "Class-of-One Claimants Continue to Sue" and "New York Title Policy Endorsements Change."

Also, in the highlighted article from this section,

Free With Registration: Federal Relief for Distressed Commercial Market

Andrew Lance and Romina Weiss, partners at Gibson, Dunn & Crutcher, and Daniel Wasserman, an associate at the firm, write that the concurrent release of final regulations by Treasury Department and a revenue procedure by the IRS governing the U.S. federal income tax treatment of collateralized mortgage-backed securities held by a real estate mortgage investment conduit, followed shortly by comprehensive revised guidance for commercial real estate loan modifications from the Federal Reserve, demonstrate a welcome heightened focus at the federal level on the expanding crisis in commercial real estate that until now has been overshadowed at the regulatory level by efforts to deal with a parallel crisis affecting residential real estate. Practitioners providing counsel regarding distressed real estate need to become familiar with these developments, as part of the framework for crafting approaches to address existing, imminent or anticipated distress at commercial real estate assets.

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