New York Law Journal | Analysis
By Corinne Ball | February 21, 2024
This article addresses how a Creditor's Committee may sue members of an LLC, despite Delaware law limitations, and how prebankruptcy exercise of proxy rights in reliance on Delaware law are upheld in a subsequent bankruptcy case.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | February 20, 2024
The Court of Appeals had a relatively quiet January and released four opinions. In 'People v. Messano', it considered whether the police had reasonable suspicion to detain the defendant and whether the People met their burden of showing that drug-related contraband should not be suppressed because the evidence was in plain view.
New York Law Journal | Analysis
By Marc Lieberstein and Chris Caiaccio | February 20, 2024
In this article, Marc Lieberstein and Chris Caiaccio discuss recent legislative developments that represent the clearest attack on the franchise model to date that may present challenges to the growth of franchising in the year ahead.
New York Law Journal | Analysis|Letter to the Editor
By Thomas R. Newman | February 20, 2024
Thomas R. Newman of Duane Morris suggests that an increase in the number of criminal appeals heard and decided by the New York Court of Appeals is welcome.
New York Law Journal | Analysis
By Karen Meara and Christopher Rizzo | February 16, 2024
In their Domestic Environmental Law column, Christopher Rizzo and Karen Meara present the current state of the law for climate disclosures in select major markets, particularly New York, and likely developments in 2024.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | February 15, 2024
In New York state, business entities formed or incorporated outside New York that meet the criteria of "doing business" in New York are classified as foreign business entities and are required to register to do business in New York. Both the New York BCL and the New York LLC Law provide that, without registering in New York, a foreign business entity does not have the legal capacity to bring suit in any New York state courts, although it can be sued in New York.
New York Law Journal | Analysis
By Thomas E. L. Dewey | February 15, 2024
While working toward a settlement, it is common for parties to email proposed terms and settlement amounts without necessarily expecting that their communications will be enforceable. 'Elysium Health v. ChromaDex' illustrates that settlement terms can be enforceable without a formal, executed agreement if the parties express mutual assent and intention to be bound.
The American Lawyer | Analysis
By Andrew Maloney | February 14, 2024
"Our talent levels became misaligned with our existing and projected client demand, particularly in our large transactional practices. I take responsibility for this and am truly sorry that those decisions have led to a significant impact on our people today," said Fenwick & West's chair.
New York Law Journal | Analysis
By Michael J. Hutter | February 14, 2024
A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | February 14, 2024
In 'Estate of Fry v. Commissioner', payments by one S corporation to another under identical ownership were recorded as intercompany loans. Following issuance of a notice of deficiency premised on the shareholder's stock basis in the debtor corporation being insufficient to support the losses claimed by him, the petitioners were ultimately successful in persuading the Tax Court that the transfers should be recharacterized as distributions by one corporation to its shareholder, coupled with contributions by that shareholder to the other corporation.
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 premier educational and networking event for employee benefits brokers and agents.
The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.
Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...
Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...
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