Columns

  • 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.

  • New York Law Journal | Analysis

    Vulnerability Management: A Holistic View

    By Anthony J. Ferrante | October 27, 2017

    Anthony J. Ferrante writes: We have learned that our ability to protect our networks requires a complete understanding of the vulnerability ecosystem.

  • New York Law Journal | Analysis

    Airbnb and U.S. Hotels: Unfair Competition?

    By Thomas A. Dickerson | October 26, 2017

    In this Outside Counsel article, Thomas A. Dickerson writes: Airbnb has been extraordinarily successful at bringing together nearly 3,000,000 hosts worldwide in 191 countries and 34,000 cities. At the same time, it has disrupted the hotel industry and ruffled the feathers of governmental officials in various cities, and may be facilitating profiteering by rent stabilized tenants.

  • New York Law Journal | Analysis

    Court Addresses Dueling Principles of Statutory and Treaty Construction

    By Sharon M. Porcellio | October 26, 2017

    In her Western District Roundup, Sharon M. Porcellio discusses a case on an issue of first impression: whether treaties between the United States and Native Americans ensuring the free use and enjoyment of tribal land bar taxes on income derived directly from the land.

  • New York Law Journal | Analysis

    Judges Using Their Office to Benefit Themselves or Others: Part 2

    By Richard Emery | October 26, 2017

    In his Judicial Conduct column, Richard Emery concludes his discussion of discipline imposed upon judges who attempt to further private interests by invoking their judicial office. Here, he focuses on Court of Appeals' precedents in this category of judicial discipline and reviews the basis for holding judges accountable for their off-bench actions.

  • New York Law Journal | Analysis

    CEO Pay Ratios: What Do They Mean?

    By Joseph E. Bachelder III | October 25, 2017

    In his Executive Compensation column, Joseph E. Bachelder III writes: There are two ratios often cited to support the argument that CEO pay is too high. But these ratios do not necessarily support that argument and do not explain underlying factors that cause pay levels to be where they are.

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