Analysis

  • New York Law Journal | Analysis

    New York City Requires Adoption of a Smoking Policy

    By Eva Talel | October 31, 2017

    In her Cooperatives and Condominiums column, Eva Talel discusses recent New York City legislation which imposes on residential landlords and boards the obligation to adopt a smoking policy within one-year, and federal legislation which requires public housing agencies to implement a smoke-free policy banning the use of prohibited tobacco products in public housing apartments and adjacent outdoor space by mid-2018. She also provides guidance to boards and managers as to how to establish the required policy and also limit the proliferation of SHS in co-op and condominium buildings.

  • New York Law Journal | Analysis

    Same-Sex Parental Rights After 'Brooke SB': the case of 'K v. C'

    By Richard H. Weisberg | October 31, 2017

    Richard H. Weisberg discusses several recent cases in New York that have adjudicated the parental rights, if any, of a same-sex partner who formally neither plans the conception of nor adopts a child brought into the relationship by the other partner.

  • New York Law Journal | Analysis

    Realty Law Digest

    By By Scott E. Mollen | October 31, 2017

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses "Jovic v. Blue," "Liev v. Jones," "Ciampa Bell v. Han," and "Leonard H. Shapiro Revocable Living Trust v. Achenbaum."

  • New York Law Journal | Analysis

    Being Cyber-Secure AND Cyber-Compliant

    By Stephen Treglia | October 30, 2017

    In his Cross-Border Concerns column, Stephen Treglia analyzes the question: How is it possible that a computer system can be so well locked-down that no hacker can successfully gain access, and yet the entity in charge of protecting that data be considered out-of-compliance?

  • New York Law Journal | Analysis

    What Is Permitted Under NYC's Ban on Salary History?

    By Melissa Osipoff | October 30, 2017

    Melissa Osipoff writes: Come Oct. 31, 2017, employers in New York City will face a scary new reality: They will no longer be permitted to ask job candidates about their salary history.

  • New York Law Journal | Analysis

    Should You Move for Summary Judgment in a Condemnation Case, or In Limine?

    By Michael Rikon | October 30, 2017

    In his Condemnation and Tax Certiorari column, Michael Rikon writes: Courts rarely grant summary judgment motions in a condemnation case. The reason is that the issue of just compensation presents an inherent issue of fact for the court to be determined on the evidence presented which usually is focused on a written appraisal.

  • New York Law Journal | Analysis

    Sea Monster Fought Law, and the Law Won!

    By James E. Mercante | October 30, 2017

    In his Admiralty column, James E. Mercante writes: The art of smuggling at sea can provide profit or pain. Sort of like trick or treat.

  • New York Law Journal | Analysis

    ISO Code of Practice for E-Discovery: A Worthy Level-Setting Endeavor

    By Peter J. Pizzi and Julia L. Brickell | October 30, 2017

    In this Outside Counsel column, Peter J. Pizzi and Julia L. Brickell write: The expertise required to conduct electronic discovery with competence and defensibility will again be in the spotlight when the International Organization for Standardization (ISO) publishes ISO 27050-3, its “Code of Practice” for electronic discovery. The draft standard is under publication and release is imminent.

  • New York Law Journal | Analysis

    Battle Over Emails Stored Overseas Reaches Supreme Court

    By Philip C. Patterson and Vera M. Kachnowski | October 27, 2017

    In their International Criminal Law and Enforcement column, Philip C. Patterson and Vera M. Kachnowski discuss a case which highlights a recurring tension between public safety and privacy concerns, and underscores the increasing complexity behind the technology we all rely on each day.

  • New York Law Journal | Analysis

    The Role of Patient Advocates at an Independent Medical Examination

    By Andrea M. Alonso and Kevin G. Faley | October 27, 2017

    In this Outside Counsel article, Andrea M. Alonso and Kevin G. Faley write: Plaintiff attorneys have recently resorted to hiring an outside person to sit in on IMEs. Either called “patient advocates” or “watchdogs,” these groups have caused the courts to re-address the rules governing these exams.

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