By Patricia Kane | January 16, 2024
Scott Mollen discusses "SCE Environmental Group v. Murnane Bldg. Contrs. Inc." involving three litigations arising from a public construction project commenced by the NYS Office of General Services.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | January 16, 2024
In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.
By Howard W. Kingsley | January 16, 2024
Howard Kingsley, who represented Broom Lender in "Broome Lender LLC v. Empire Broome LLC," discusses the case and how the Appellate Division, First Department removed common obstacles and cleared the path for assignees of mortgage loans to foreclose easily and quickly. Kingsley offers that the case is a "major win for lenders and their assignees because there had not been a prior decision by a New York state court where it found that, although standing was not established through an allonge, standing was established on summary judgment by the assignment of the note."
New York Law Journal | Analysis
By John Lyddane | January 16, 2024
When an unexplained injury occurs in an area remote from the operative field while a patient is anesthetized, the doctrine of res ipsa loquitur may support an inference and will be considered in whether a prima facie case has been established.
By Michael Jaccarino | January 15, 2024
This article focuses on an amendment to the sentencing guidelines which will allow defendants awaiting sentencing, and even those already serving sentences, to significantly reduce their prison time.
New York Law Journal | Analysis
By Stephen M. Kramarsky | January 12, 2024
In his Intellectual Property column, Stephen M. Kramarsky discusses the 'Shake Shack Enterprises v. Brand Design Company' case, which offers insight into the limits courts will impose on companies that try to overextend their intellectual property rights.
New York Law Journal | Analysis
By Jeanna M. Wacker, Tasha Gerasimow and Nick Johnston | January 12, 2024
This article highlights several notable legal and regulatory developments in 2023 and discusses developments that will continue to shape the pharmaceutical industry in 2024.
By Shain A. Khoshbin | January 11, 2024
A deep dive into the legal analysis and holding in the recent Southern District decision, Terraform Labs. The article examines Terraform Labs' application of the Howey test to determine whether certain cryptocurrency transactions constitute regulated securities.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan Sack | January 11, 2024
Bribes and kickbacks of public and private officials in the United States are still prosecuted under the mail/wire fraud statutes and the Hobbs Act, but departures from paradigmatic cases have become more vulnerable to challenge. The Second Circuit's recent affirmance in the case of a bank officer convicted of corruption is noteworthy when viewed against that backdrop.
New York Law Journal | Analysis
By Samuel Butt and John Moore | January 11, 2024
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Gary R. Brown dismissed a complaint against United States Bankruptcy Court Chief Judge Alan S. Trust and others based on judicial immunity. Magistrate Judge Vera M. Scanlon denied a motion for sanctions and adverse inferences. Magistrate Judge James M. Wicks granted a motion to disqualify counsel.
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Frederick D. Miceli has joined the firm as Of Counsel
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