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Patricia Kane

Patricia Kane

Patricia Kane is the Courts Editor for the New York Law Journal.

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August 23, 2024 | New York Law Journal

The Story of 'United States v. Margaret Sanger'

Paul Shechman discusses the story of birth control activist Margaret Sanger and the effects her life's work has on the law today.

By Paul Shechtman

9 minute read

August 22, 2024 | New York Law Journal

Admissibility of Artificial Intelligence

AI differs from traditional software, perhaps requiring novel admissibility considerations.

By Jonathan Bick

9 minute read

August 21, 2024 | New York Law Journal

A Divorce Court's Primer on Requesting Sole Custody

Alan Feigenbaum, partner at Blank Rome, discusses the need to expand our views of domestic violence beyond physical violence, including the use of language in communications, be it by email, text message, or, as in the recent case L.W. v. J.U., communications via an app.

By Alan Feigenbaum

6 minute read

August 20, 2024 | New York Law Journal

Examining New York City's Controversial Hotel Licensing Bill

Authors Todd Soloway, Bryan Mohler and Itai Raz offer an overview of the draft "Safe Hotels Act," and consider potential legal challenges to the bill if it is passed into law.

By Todd E. Soloway, Bryan T. Mohler and Itai Y. Raz

8 minute read

August 20, 2024 | New York Law Journal

Standing To Challenge Zoning Resolution; Breach of Contract Action Against Bank: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "New York University v. City of New York," and "724 Management LLC v. Santander Bank."

By Scott Mollen

19 minute read

August 20, 2024 | New York Law Journal

Courts Reiterate: Beneficiary Designation Review Is Critical for Estate and Retirement Planning

Failing to update beneficiary and estate tax forms can lead to legal battles. Adhering to the procedures set forth for designating or changing beneficiaries is not just a formality, but an essential step in ensuring that your assets are distributed according to your wishes. Stephen Ferszt, a partner at Olshan Frome Wolosky discusses the regulatory landscape and provides guidance about planning in light of upcoming tax law changes and legal recourse.

By Stephen Ferszt

7 minute read

August 19, 2024 | New York Law Journal

Which Parent Gets Custody of the Embryos?

An overview of the disposition of frozen embryos created through the IVF process upon termination of the prospective parents' relationship. The article offers a legal analysis under the framework of New York law and presents a brief summarization of judicial approaches utilized throughout the nation that New York's courts may turn to when faced with the issue in the absence of a contract governing the disposition of frozen embryos. The authors conclude with recommendations to assist practitioners in handling matters in this burgeoning area of law, and one which involves a question of first impression in the state of New York.

By Hon. Sondra M. Miller (dec.), Andrea B. Friedman and Emily C. Prudente

11 minute read

August 19, 2024 | New York Law Journal

Aviate, Navigate, Communicate: Training for Inevitable Cyber-Attacks

Claudia Rast and Roland Trope discuss FBI procedures for recovering payments made to ransomware attackers. The authors "draw from years of in-the-trenches cyber counseling and knowledge of the general mayhem and chaos that a cyber-attack can wreck on an organization, its personnel, and its customers or clients."

By Claudia Rast and Roland Trope

11 minute read

August 16, 2024 | New York Law Journal

Dram Shop Liability Involving Intentional and Criminal Acts

While often involving negligent actors, liability under the Dram Shop Act can extend to intentional, and even criminal, acts. The most critical factor in establishing Dram Shop liability in these instances is establishing a reasonable or practical causal connection between the act and the intoxication.

By Robert S. Whitbeck and Andrea M. Alonso

5 minute read

August 15, 2024 | New York Law Journal

The Implication of SCOTUS's 'Snyder' Decision and Recent Precedent on Corruption Prosecutions

In fraud and corruption cases, the Supreme Court and the US government are marching in opposite directions. The DOJ continues to embrace new tools from Congress and the White House—including a newly-passed anti-corruption law—while the Supreme Court has increasingly cut back on the DOJ's broad theories of prosecution. This article examines the implications from the Court's latest opinion, Snyder v. United States, which, if applied to other bribery statutes, could severely limit the DOJ's view that gifts to government officials are no different than bribes.

By Mayling Blanco, Katey Fardelmann, Sarah Perlin and Andrey Spektor

8 minute read