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New York Law Journal

Courts Reiterate: Beneficiary Designation Review Is Critical for Estate and Retirement Planning

Failing to update beneficiary and estate tax forms can lead to legal battles. Adhering to the procedures set forth for designating or changing beneficiaries is not just a formality, but an essential step in ensuring that your assets are distributed according to your wishes. Stephen Ferszt, a partner at Olshan Frome Wolosky discusses the regulatory landscape and provides guidance about planning in light of upcoming tax law changes and legal recourse.
7 minute read

New York Law Journal

Which Parent Gets Custody of the Embryos?

An overview of the disposition of frozen embryos created through the IVF process upon termination of the prospective parents' relationship. The article offers a legal analysis under the framework of New York law and presents a brief summarization of judicial approaches utilized throughout the nation that New York's courts may turn to when faced with the issue in the absence of a contract governing the disposition of frozen embryos. The authors conclude with recommendations to assist practitioners in handling matters in this burgeoning area of law, and one which involves a question of first impression in the state of New York.
11 minute read

New York Law Journal

Aviate, Navigate, Communicate: Training for Inevitable Cyber-Attacks

Claudia Rast and Roland Trope discuss FBI procedures for recovering payments made to ransomware attackers. The authors "draw from years of in-the-trenches cyber counseling and knowledge of the general mayhem and chaos that a cyber-attack can wreck on an organization, its personnel, and its customers or clients."
11 minute read

New York Law Journal

Dram Shop Liability Involving Intentional and Criminal Acts

While often involving negligent actors, liability under the Dram Shop Act can extend to intentional, and even criminal, acts. The most critical factor in establishing Dram Shop liability in these instances is establishing a reasonable or practical causal connection between the act and the intoxication.
5 minute read

New York Law Journal

The Implication of SCOTUS's 'Snyder' Decision and Recent Precedent on Corruption Prosecutions

In fraud and corruption cases, the Supreme Court and the US government are marching in opposite directions. The DOJ continues to embrace new tools from Congress and the White House—including a newly-passed anti-corruption law—while the Supreme Court has increasingly cut back on the DOJ's broad theories of prosecution. This article examines the implications from the Court's latest opinion, Snyder v. United States, which, if applied to other bribery statutes, could severely limit the DOJ's view that gifts to government officials are no different than bribes.
8 minute read

New York Law Journal

'Samsung' Highlights the Costs of Arbitrating Mass Claims

Judge Shira Scheindlin uses the recent case 'Wallrich v. Samsung' to illustrate the significant financial issues surrounding arbitration fees for mass claims.
6 minute read

New York Law Journal

The Dead Man's Statute: Effectively Employing CPLR 4519

The authors discuss the elements and application of the "Dead Man's Statute" and offer practical guidance for practitioners to effectively employ the statute, as well as suggestions for potential applications that might not be directly apparent from the text of the statute but give effect to its underlying purpose.
8 minute read

New York Law Journal

Permissive Encroachments Under Post-2008 Adverse Possession Law

Adam Leitman Bailey and John Desiderio discuss how New York Courts are interpreting the way in which RPAPL §543 (Adverse possession; how affected by acts across a boundary line), enacted in 2008 as a new addition to RPAPL Article 5 (Adverse Possession), has changed the law of adverse possession from what it was pre-2008.
14 minute read

New York Law Journal

Demolition Clauses; FHA COVID-19 Moratorium Tolling: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "62-64 Third Ave LP v. Elvis Café," and "Trento 67 v. OneWest Bank."
18 minute read

New York Law Journal

Amendments to EDNY and SDNY Local Rules and Their Impact on Litigation

A discussion of the amendments recently adopted by the District Courts for the Eastern and Southern Districts of New York that modify the procedures that parties should follow when litigating in front of these courts.
4 minute read

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