New York Law Journal | Analysis
By Stephen Bergstein | December 12, 2017
The U.S. Court of Appeals for the Second Circuit has agreed to decide whether its 2015 decision requiring that federal judges approve settlements under the Fair Labor Standards Act applies to settlements reached under Fed. R. Civ. P. 68.
By Scott E. Mollen | December 12, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'S.B.H. Realty v. Santana', where the court held that a defective predicate notice cannot serve as a basis for a holdover suit, and 'O'Reilly v. Incorporated Village of Rockville Centre', where the court, noting strong community opposition, granted the enforcement of a village's moratorium.
New York Law Journal | Analysis
By Joel Cohen | December 11, 2017
Ethics and Criminal Practice columnist Joel Cohen writes: We are lawyers and are obligated to treat our clients (and former clients) with a certain degree of respect in communicating with third parties, however difficult that may sometimes be.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | December 11, 2017
Technology Law columnists Richard Raysman and Peter Brown discuss a recent decision which held that the ambiguous term of a license meant that the licensee could not prevent the licensor from negotiating and executing a term sheet with a successor licensee, during the final year of the license.
New York Law Journal | Analysis
By Shepard Goldfein and James Keyte | December 11, 2017
In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte discuss the key issues the D.C. District Court is likely to consider in assessing the DOJ's antitrust case against AT&T/Time Warner.
New York Law Journal | Analysis
By Jana S. Farmer and Adam Bialek | December 11, 2017
Jana S. Farmer and Adam Bialek examine, through an intellectual property lens, the current debate over the issue of confederate or other controversial monuments, specifically addressing the question: Do the creators of confederate monuments or their heirs have a say in whether these works stay or go under the Visual Artists Rights Act of 1990?
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | December 7, 2017
Eastern District Roundup columnists Harvey M. Stone and Richard H. Dolan discuss representative EDNY rulings handed down recently, including decisions: denying a petition alleging ineffective assistance of trial counsel; explaining factors relevant to when a worker is an employee or an independent contractor, and when overtime pay is required for work done at home; and dealing with challenges to the Trump administration's rescission of the DACA program.
New York Law Journal | Analysis
By Joseph Lipari | December 7, 2017
Tax Appeals Tribunal columnist Joseph Lipari discusses '1018 Morris Park Avenue Realty', in which the New York City Tax Appeals Tribunal ruled that a corporation must recognize all gain derived from an installment sale in the year in which the corporation ceased doing business in the City.
New York Law Journal | Analysis
By Eric Lewis | December 7, 2017
Eric Lewis focuses on three key areas: (1) the widening of the net from sanctioned individuals to their families; (2) the application of the evasion provisions to foreign persons; (3) the bringing of new classes within existing sanctions.
New York Law Journal | Analysis
By Michael J. Hutter | December 6, 2017
Proving a witness' bad character for truthfulness is a basic impeaching strategy. Evidence columnist Michael J. Hutter discusses one impeachment method: use of a character witness who testifies that the witness has a bad reputation for truthfulness.
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