Columns

  • New York Law Journal | Analysis

    Upping the Dosage: Health Care and Pharmaceuticals Antitrust Regulation in 2023

    By Karen Hoffman Lent and Kenneth Schwartz | December 11, 2023

    Antitrust developments in the health care and pharmaceutical industries were exceptionally active in 2023. From the FTC's challenge of a merger between Amgen and Horizon Therapeutics, to joint agency withdrawal of well-established health care merger policy statements, to agency interest in pharmacy benefit managers, the authors review some of the most notable antitrust activity in the health care and pharmaceutical industries over the past year.

  • New York Law Journal | Analysis

    When a Criminal Client Wants His Own Strategy Employed

    By Joel Cohen | December 11, 2023

    Public figures as diverse as Donald Trump and Sam Bankman-Fried, for example, have believed that "going public" will best bring them a soft landing. The 'Trump' case raises important questions about an attorney's ethical obligations when they propose to pursue one road, but the client wants another—potentially suicidal—path in a criminal case.

  • New York Law Journal | Analysis

    New York's Red Flag Law Raises a Red Flag for the Fourth Amendment

    By Lance H. Klein and Robert Zitt | December 8, 2023

    New York's Legislature should revise the Red Flag Law to expressly comport with the form and content requirements of search warrant applications pursuant to CPL 690. These revisions would preserve the goals of the Red Flag Law and also act to safeguard those protections afforded by the United States and New York State Constitution.

  • New York Law Journal | Expert Opinion

    Torts: The Death of Duty of Care

    By Steve Cohen | December 8, 2023

    A discussion of a health insurer's ability to overrule a doctor's prescription/plan via the "prior authorization" process, and whether or not this triggers the most fundamental concept in torts: the duty of care.

  • New York Law Journal | Analysis

    Benefits of Leasehold Condominiums for Operators of Homeless Shelters

    By Erica F. Buckley | December 8, 2023

    It would make sense for a nonprofit in New York City to understand the benefits of leasehold condominiums and the value of the 420-a Exemption. This is especially true if your nonprofit operates a homeless shelter, which, per the DOF, is a nonresidential purpose entitling your organization to robust tax relief.

  • New York Law Journal | Analysis

    When U.S. Citizens Must Choose Between Love and Country

    By Mariko Hirose | December 7, 2023

    When a U.S. citizen marries a noncitizen, the foreign spouse does not automatically obtain the right to live in the United States permanently. Instead, if the spouse does not have permanent status already, the U.S. citizen must submit a petition and accede to the process of proving the marital relationship to USCIS. Should the consular officer's fateful decision to issue a spousal visa be subject to any degree of judicial oversight? In a petition for certiorari before the U.S. Supreme Court, the Solicitor General is urging the court to take up the question and answer it in the negative to the detriment of millions of U.S. citizens.

  • New York Law Journal

    Crackdown on Parking Structures in New York City

    By Scott M. Smiler and Dominic P. Notti | December 7, 2023

    The Ann Street parking garage collapse in April has lead to new regulations for New York City parking structures. This article discusses these new regulations and what landlords, building owners and boards need to know about the increased scrutiny and the tight deadlines they will need to meet.

  • New York Law Journal | Analysis

    Preliminary Injunction Denied, Collateral Challenge Rights Waived and Denial of Frozen Funds

    By Samuel Butt and Thomas Kissane | December 7, 2023

    This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Eric R. Komitee denied a preliminary injunction to a defamation plaintiff, Judge Gary R. Brown denied a prisoner's pro se petition to have his sentence vacated under 28 U.S.C. §2255 and Judge Frederic Block denied a motion by defendants to access frozen funds in an action brought by the SEC.

  • New York Law Journal | Analysis

    Confrontation Anyone? Supreme Court, Court of Appeals Revisit 'Bruton' and 'Crawford' Rules

    By Michael J. Hutter | December 6, 2023

    The Supreme Court and the Court of Appeals through the years have debated the appropriate ambit of the 'Bruton' and 'Crawford' confrontation rules of exclusion. This ongoing debate has been dramatically evidenced by three recent decisions. As these decisions greatly impact the prosecution and defense of criminal defendants in the New York state courts, this column will address them.

  • New York Law Journal | Expert Opinion

    The Imperative for New York To Adopt the 2022 Amendments to the UCC

    By Alan Kolod and Eric Marcus | December 6, 2023

    Alan Kolod and Eric Marcus, members of the subcommittee of the NYC Bar Association committee that helped prepare the New York version of the 2022 UCC Amendments, share their views on the importance of New York enacting the new proposed amendments to the Uniform Commercial Code.

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