New York Law Journal | Expert Opinion
By Edward M. Spiro and Christopher B. Harwood | February 21, 2023
In recognition of a century-old practice, the U.S. Supreme Court in Grable & Sons Metal Products v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005), applied the "substantial federal question doctrine" to uphold the removal to federal court of a case that absent application of the doctrine would not have been subject to removal, contributors Edward M. Spiro and Christopher B. Harwood write.
New York Law Journal | Analysis|Expert Opinion
By Ezra Dyckman and Charles S. Nelson | February 21, 2023
In their Real Estate Financing column, Ezra Dyckman and Charles Nelson discuss the recently issued Revenue Procedure 2023-9, in which the IRS provides an optional safe harbor method for developers to account for certain common improvement costs of real estate projects.
New York Law Journal | Expert Opinion
By Benjamin Rosenberg, Matthew Mazur, and Brian Kulp | February 21, 2023
The Sentencing Guidelines have always presented novel constitutional and interpretive issues. One issue that has recently divided the lower courts is how much deference to afford to the Sentencing Commission's commentary interpreting the Sentencing Guidelines. The Supreme Court answered this question nearly 30 years ago in Stinson v. United States, but Stinson is now on shaky ground.
New York Law Journal | Expert Opinion
By Julian D. Ehrlich | February 17, 2023
A look at how courts have largely taken two approaches to workers' knowledge and reckless choices in §240 sole proximate cause cases and how this dichotomy may upend established notions on the nature of liability under this statute.
New York Law Journal | Expert Opinion
By Stuart B. Newman | February 16, 2023
A refresher course in how "complicated" the attorney-client privilege can be. The author uses the recent U.S. Supreme Court case In re Grand Jury as a backdrop to illustrate his point. The case related to an order in a criminal investigation compelling a law firm to turn over documents sent to its client that contained both legal and accounting advice.
New York Law Journal | Expert Opinion
By David E. Kahen and Elliot Pisem | February 15, 2023
In their Taxation column, David Kahen and Elliot Pisem discuss two recent Tax Court memorandum decisions which underscore the importance of taking applicable tax rules into account when decisions are being made as to how to incur and report expenses, with a view to minimizing the potential for issues to arise on audit.
New York Law Journal | Expert Opinion
By Mitra Hormozi, Deanna Paul and Marc Armas | February 15, 2023
The Justice Department recently released a revised Corporate Enforcement Policy (CEP) to expound upon the potential benefits bestowed on companies that self-report white-collar crime. The Department's announcement appears to be framed as an olive branch to further encourage corporations to voluntarily disclose potential malfeasance to the government, but at what risk?
New York Law Journal | Expert Opinion
By Scott Mollen | February 14, 2023
Scott Mollen discusses "Bd. of Mgrs. of 325 Fifth Ave. Condo v. Cont'l Residential Holdings LLC," where a condominium board's lawsuit against the management company based on alleged construction defects was dismissed.
New York Law Journal | Expert Opinion
By James M. Roberts | February 14, 2023
A discussion of the recently decided case 'United States v. Blaszczak,' where the Second Circuit addressed the definition of "property" under the general federal fraud statutes, specific securities fraud statutes, as well as whether the personal benefit test should be required in an insider trading prosecution.
New York Law Journal | Expert Opinion
By Adam Leitman Bailey, Jackie Halpern Weinstein and Danny Ramrattan | February 14, 2023
This article highlights the main statutory amendments of FAPA—that took effect immediately and retroactively—and endeavors to guide lenders on adjusting its practices and procedures as needed to rightfully pursue their rights and remedies to collect on the money that was borrowed.
Presented by BigVoodoo
The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.
The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.
Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.
Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...
Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...
McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS