New York Law Journal | Analysis
By Mark A. Berman, Jessica L. Copeland and Victoria M. Okraszewski | May 6, 2024
This article focuses on the requirements of CISA's proposed cyber incident reporting rule, the compliance requirements for covered entities and the steps entities can take to protect themselves.
New York Law Journal | Analysis
By Deborah E. Riegel | May 6, 2024
Cooperative corporations and their shareholders allege that they are subjected to unpredictable and frequently significant rent increases when ground rents reset.
New York Law Journal | Analysis
By Martin A. Schwartz | May 6, 2024
Although Section 1983 and the Fourteenth Amendment draw a dichotomy between state action and private action, the real world is much messier than that. In 'Lindke v. Freed', the U.S. Supreme Court in a unanimous decision provided guidance for determining when a state or local official's social media activities constitute state action.
New York Law Journal | Analysis
By Joel R. Brandes | May 3, 2024
In an action for divorce, a court of record has the power to punish a spouse for contempt where he or she defaults in paying any sum of money required by the judgment or order. It may also punish a spouse for contempt where he or she disobeys any lawful mandate of the court.
New York Law Journal | Analysis
By C. Raymond Radigan and Jessica M. Baquet | May 3, 2024
Every Surrogate's Court case is a special proceeding for which there is a presumption that no right to a jury trial exists. There is, however, a limited subset of a cases in which a Surrogate's Court proceeding may be tried to a jury.
New York Law Journal | Expert Opinion
By Cynthia Feathers | May 3, 2024
A discussion of the common threshold pitfalls to avoid under the Family Court Act, as well as under CPLR provisions that apply to Family Court cases and appeals pursuant to Family Ct Act §§165 (a) and 1118. It suggests seven questions counsel should consider upon entry of an adverse order in Family Court.
New York Law Journal | Analysis
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
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.
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
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.
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