New York Law Journal | Analysis
By Barry Black and Jonathan Robert Nelson | November 17, 2017
Barry Black and Jonathan Robert Nelson examine a significant 2007 religion law decision by the New York Court of Appeals and discuss how it has been applied over the past decade.
New York Law Journal | Analysis
By Rupert M. Barkoff | November 17, 2017
Franchising columnist Rupert M. Barkoff writes: Why is the New York Law Journal publishing an article on the joint employer liability issue in the United States and Australia? Because this issue, which has been THE hot issue in U.S. franchise law for several years, has also shown its face in Australia during this period, and is now the headline legal issue in Australian franchising as well.
New York Law Journal | Analysis
By Renee R. Roth and Daniel G. Fish | November 16, 2017
In this Elder Law column, Renee R. Roth and Daniel G. Fish write: Guardianship cases require a careful balancing of the public's right to access to the proceeding and the AIP's right to privacy. It should be observed that these cases are markedly different from ordinary judicial proceedings where the parties voluntarily participate and understand that personal details of their lives may become public.
New York Law Journal | Analysis
By Paul Napoli and Marie Napoli | November 16, 2017
Paul Napoli and Marie Napoli write: There are several causes of action that the municipalities could bring to attempt to recover their damages resulting from the opioid epidemic.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | November 16, 2017
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent decisions: one allowing 'Monell' claims against the City of New York to proceed; another denying a motion to dismiss “disquieting” claims, brought under the False Claims Act; and another that found that an indictment had not adequately alleged smuggling under 18 U.S.C. §554.
New York Law Journal | Analysis
By Jonathan A. Dachs | November 14, 2017
In his Insurance Law column, Jonathan A. Dachs writes: In a series of recent cases, the courts have analyzed the insurer's obligation to disclose the contents of its files, including attorney communications with regard to the decision of whether to accept or reject a claim, notwithstanding the insurer's invocation of the “material prepared for litigation” and/or attorney-client privileges—with mixed results.
New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | November 14, 2017
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Princes Point v. Muss Development', in which the Court of Appeals ruled that the filing of a suit to rescind or reform a contact did not under the circumstances constitute an anticipatory breach of that contract.
New York Law Journal | Analysis
By Richard S. Fries | November 9, 2017
In this second part of a two-part article, Richard S. Fries concludes his discussion of essential provisions to include in a “state of the art” commercial real estate loan forbearance agreement. Here, he covers economic concessions, additional collateral, recourse and remedies.
New York Law Journal | Analysis
By Kenneth H. Frenchman, Marc T. Ladd and Alexander M. Sugzda | November 9, 2017
Kenneth H. Frenchman, Marc T. Ladd and Alexander M. Sugzda write: When purchasing property insurance, it is important to assess the risk of hurricane damage to your property and have a clear understanding of the coverage that you will have in place in the event of a hurricane.
New York Law Journal | Analysis
By Michael Hoenig | November 9, 2017
In his Complex Litigation column, Michael Hoenig writes: By huge advances in computer technology (hardware and software), artificial intelligence, sensors, cameras, radar, and mirrors, a car can be transformed into a platform “intelligent” enough to “self-drive” safely.
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