Columns

  • New York Law Journal | Analysis

    Private School Tuition Payments and Constructive Fraudulent Conveyance Law

    By Carlos J. Cuevas | December 6, 2017

    Carlos J. Cuevas explores the use of the federal and state constructive fraudulent conveyance laws to avoid a pre-petition private school tuition payment by a Chapter 7 debtor for a dependent child.

  • New York Law Journal | Analysis

    Valuation of Repo Collateral in Dysfunctional Markets: Clarity Is a Long Ways Away

    By Shmuel Vasser | December 6, 2017

    Shmuel Vasser writes: The question of what defines a dysfunctional market, one that justifies the application of the DCF method, remains unanswered, leaving investors with continued uncertainty in the valuation of repo collateral in bankruptcy cases. Unless and until courts provide meaningful guidance, the resolution would remain speculative.

  • New York Law Journal | Analysis

    Considerations When Amending Existing Partnership Agreements

    By Peter M. Fass | December 5, 2017

    In this Real Estate Securities column, Peter M. Fass discusses discusses considerations for existing or new partnership agreements under the new partnership level audit rules, which are effective for tax years beginning after Dec. 31, 2017.

  • New York Law Journal | Analysis

    Complying With Immigration Law Following the DACA Rollback

    By Jeffrey S. Klein and Nicholas J. Pappas | December 5, 2017

    Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas write: As employees' work authorizations begin to expire, employers would be well served by confirming that their policies are in full compliance in regard to verification of their employees' work authorizations.

  • New York Law Journal | Analysis

    In 'Microsoft', SCOTUS Will Review Extraterritorial Reach of Search Warrants

    By H. Christopher Boehning & Daniel J. Toal | December 5, 2017

    Federal E-Discovery columnists H. Christopher Boehning & Daniel J. Toal write: The Supreme Court's eventual decision in this matter could have a significant impact on how U.S. companies, not just Microsoft, conduct business in this modern age.

  • New York Law Journal | Analysis

    Police Uniforms in the Courtroom: Unconstitutional Intimidation?

    By Christopher Dunn | December 5, 2017

    Civil Rights and Civil Liberties columnist Christopher Dunn writes: Given the common practice of uniformed police officers flooding courtrooms during the criminal trials of fellow officers and the fact that spectator officers undoubtedly appear in uniform for the express goal of influencing juries and judges, it is important to consider whether this display violates a defendant's right to a fair trial.

  • New York Law Journal | Analysis

    The 'Speedy-Trial' Statute: Disabled by Legal Fictions

    By Thomas M. O'Brien | December 5, 2017

    Thomas M. O'Brien writes: Allowing the "off-calendar" maneuver can prolong the "course of a defendant's prosecution" to be a matter of years, rather than the months the legislature intended in enacting CPL §30.30.

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | December 5, 2017

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Divya Dham Sevashram Sangha v. Gita Temple-Ashram,” a case of interest since so many religious institutions have elected to sell their properties because they cannot afford to operate, repair and maintain them and these organizations often need the sale proceeds in order to continue and expand their religious mission.

  • New York Law Journal | Analysis

    When Title Is Under an Assumed Name: Who Can Bring the Summary Proceeding?

    By Warren A. Estis and Michael E. Feinstein | December 5, 2017

    In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the case 'Habibian v. Sudman's Service & Diagnostics,' out of Nassau County where the court was presented with the novel question; When title to the subject property is held in a trade or assumed name that is not itself a legal entity, who, if anyone, may bring a summary proceeding?

  • New York Law Journal | Analysis

    Emotional Distress and Right of Sepulcher

    By Thomas A. Moore and Matthew Gaier | December 4, 2017

    Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: While recovery for negligent infliction of emotional distress is limited in New York, one area in which such claims have long been permitted involves the interference with the right to the body of a deceased loved one. This right, which exists at common law, is known as the right of sepulcher. A surprising number of actions have been brought against hospitals based upon violations of that right

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