New York Law Journal | Analysis
By David J. Kaufmann | September 25, 2019
In his Franchising column, David J. Kaufmann writes: The "progressive" effort to have franchisors declared the employers of their franchisees may have become law in California under a bill (AB-5) just enacted by its Legislature and signed into law on Sept. 18, 2019 by Gov. Gavin Newsom.
New York Law Journal | Analysis
By Steven L. Kessler | September 25, 2019
2019 was an important year for civil forfeiture law in New York. This year, the Legislature enacted changes to the statute that should substantially reduce major areas of abuse.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | September 25, 2019
In their International Arbitration column, Lawrence W. Newman and David Zaslowsky discuss the recent case 'P v. D' where the English High Court set aside an international arbitration award because of the failure of the successful party's counsel to conduct the kind of cross-examination required by Browne v. Dunn. Evidently, the arbitration proceeding, which took place in England, was not conducted in accordance with the IBA Rules.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 25, 2019
In their Corporate Governance column, David A. Katz and Laura A. McIntosh write: The short-term/long-term, shareholder/stakeholder debate is likely to become more intense, and more political, in the near future. As the landscape of corporate governance shifts around them, companies should seek firm ground on a foundation of business success by creating and implementing a strategic plan over a time horizon that will maximize both growth and profitability.
New York Law Journal | Analysis
By Barry R. Temkin and Melissa Tarentino | September 24, 2019
The new regulations require broker-dealers to eschew sales contests which encourage sales of particular products.
New York Law Journal | Expert Opinion
By John Fellas | September 24, 2019
In his International Arbitration column, John Fellas asks: As long as an arbitrator does nothing that creates a successful basis to challenge an award, is she permitted to ask any question, even one she knows in advance is likely to assist one party and hurt the other?
New York Law Journal | Expert Opinion
By Anthony S. Guardino | September 24, 2019
Although use variances are recognized under New York law, courts rarely uphold decisions to grant them – and rarely reverse decisions denying them. Property owners should carefully weigh the costs of applying for a use variance against the high probability that they ultimately may not be successful.
New York Law Journal | Analysis
By Rob Maier | September 24, 2019
In his Patent and Trademark Law column, Rob Maier discusses the United States-China trade war from an IP perspective. He writes: If the trade war continues to have a damping effect on the world economy, this may be another factor that influences an increase in IP litigation and licensing activity—both in China and in the United States.
New York Law Journal | Analysis
By Francis J. Serbaroli | September 23, 2019
In his Health Law column, Francis J. Serbaroli discusses sweeping new federal regulations intended to combat fraud on government health benefit programs such as Medicare and Medicaid. The regulations require new disclosures by providers, and enable the federal Centers for Medicare and Medicaid Services to keep problem providers out, remove them more expeditiously, and keep them out for longer periods of time.
New York Law Journal | Analysis
By Robert A. Schwinger | September 23, 2019
Some issuers may view being able to offer assurances that their cryptocurrencies are "backed" by something more solid and conventional as being a valuable and effective marketing technique. However, using this seemingly simple word may possibly open up a host of legal questions. In his Blockchain Law column, Robert A. Schwinger explores the issues.
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