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New York Law Journal | Analysis
By Thomas M. O'Brien | December 5, 2017
Thomas M. O'Brien writes: Allowing the "off-calendar" maneuver can prolong the "course of a defendant's prosecution" to be a matter of years, rather than the months the legislature intended in enacting CPL §30.30.
New York Law Journal | Analysis
By Scott E. Mollen | December 5, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Divya Dham Sevashram Sangha v. Gita Temple-Ashram,” a case of interest since so many religious institutions have elected to sell their properties because they cannot afford to operate, repair and maintain them and these organizations often need the sale proceeds in order to continue and expand their religious mission.
New York Law Journal | Analysis
By Warren A. Estis and Michael E. Feinstein | December 5, 2017
In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the case 'Habibian v. Sudman's Service & Diagnostics,' out of Nassau County where the court was presented with the novel question; When title to the subject property is held in a trade or assumed name that is not itself a legal entity, who, if anyone, may bring a summary proceeding?
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | December 4, 2017
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: While recovery for negligent infliction of emotional distress is limited in New York, one area in which such claims have long been permitted involves the interference with the right to the body of a deceased loved one. This right, which exists at common law, is known as the right of sepulcher. A surprising number of actions have been brought against hospitals based upon violations of that right
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | December 4, 2017
White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Mostly lost among the headlines regarding the first charges to be brought by Robert Mueller and the Special Counsel's Office investigating Russian interference in the 2016 U.S. election was the simultaneous release of a court opinion compelling one of Manafort's own lawyers to testify in the grand jury. A review of the decision and the indictment indicates that the lawyer is likely to be a key witness against Manafort and Gates at trial.
New York Law Journal | Analysis
By Richard J.L. Lomuscio | December 4, 2017
Richard J.L. Lomuscio writes: The rejection of a constitutional convention is not the death-knell for possible reform. In fact, the restructuring of New York's court system has steadily gained support from the bar.
New York Law Journal | Analysis
By Michael I. Rudell and Neil J. Rosini | December 1, 2017
Entertainment Law columnists Michael I. Rudell and Neil J. Rosini discuss a recent decision which addressed the question: What distinguishes a First Amendment-protected use of that pre-existing mark from an actionable infringement?
New York Law Journal | Analysis
By Marcie Borgal Shunk | December 1, 2017
Law Firm Marketing columnist Marcie Borgal Shunk asks and analyzes the question: Why are innovation efforts by larger law firms failing to make a meaningful impact?
New York Law Journal | Analysis
By Samuel Estreicher and James Philbin | December 1, 2017
Samuel Estreicher and James Philbin write: Recent disclosures that key employees have engaged in sexually abusive practices towards coworkers and job aspirants raises to the fore serious practical questions for corporate executives and in-house counsel. What should the company do to prepare for and manage crises?
New York Law Journal | Analysis
By Jonathan D. Lupkin | December 1, 2017
On Oct. 26, 2017, the New York Office of Court Administration approved an amendment to the Commercial Division Rules to include a sample choice of law clause for parties to include in a contract, which clause was added as a new Appendix to the Rules. Jonathan D. Lupkin discusses the background and purpose of the amendment, which becomes effective on Jan. 1, 2018.
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