New York Law Journal | Analysis
By Corinne Ball | October 25, 2017
In her Distress Mergers and Acquisitions column, Corinne Ball discusses two recent decisions that address whether a bankruptcy court has subject matter jurisdiction over and constitutional authority to approve third-party releases as part of plan confirmation process. In considering this question, albeit facing very different plans, the two courts came to different conclusions.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | October 24, 2017
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: 'McDonnell' has had a profound impact on public corruption cases throughout the country, particularly in the Second Circuit, where several high profile convictions have been vacated for failing to comply with 'McDonnell's new requirements on how juries must be charged on various elements of public corruption crimes.
New York Law Journal | Analysis
By Scott E. Mollen | October 24, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'Nick and Duke v. New York Housing Preservation', where it was held that a housing agency's failure to ensure notice constituted a Due Process Claim.
New York Law Journal | Analysis
By Leo Milonas and Andrew C. Smith | October 24, 2017
Just in time for Halloween, Leo Milonas and Andrew C. Smith, in their Appellate Division Review, have perused the Appellate Division's recent decisions to bring you some of the treats from the third quarter of 2017.
New York Law Journal | Analysis
By Michael W. Macomber and Nicholas Devyatkin | October 24, 2017
Paid Family Leave allows employees to take time off for the birth or adoption of a child, to care for a close relative with a serious medical condition or to raise a family while a spouse is deployed for active military service.
New York Law Journal | Analysis
By Christine A. Fazio and Ethan I. Strell | October 23, 2017
In their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell write: Beginning in the 1950s, states began adopting recreational use statutes, which shield landowners from tort liability when people engage in certain types of outdoor recreation on those lands, thus encouraging recreation. Although New York's, New Jersey's, and Connecticut's statutes are structured similarly, their application has been far from uniform.
New York Law Journal | Analysis
By Peter A. Kolbert and Andrew S. Kaufman | October 23, 2017
Peter A. Kolbert and Andrew S. Kaufman write: It is time for thoughtful evaluation of New York state's tort laws as they apply to medical malpractice and personal injury cases. Lavern's Law should not be signed into law unless it is part of a broader effort to achieve fairness for all parties in medical malpractice cases.
New York Law Journal | Analysis
By Ethan A. Kobre | October 23, 2017
Ethan A. Kobre writes: As litigants and lawyers have discovered the efficacy of enforcing statutory and common-law books-and-records access rights through summary proceedings, this trend has spread not only to the residential cooperative corporation context but also to an even more popular form of communal living in New York: condominiums.
New York Law Journal | Analysis
By Richard Emery | October 23, 2017
In his Judicial Conduct column, Richard Emery addresses the issue of using judicial influence which furthers private interests. He reviews three cases recently decided by the New York State Commission on Judicial Conduct, which cast a harsh light on the persistent problem of judges using their office to benefit themselves or others.
New York Law Journal | Analysis
By Peter A. Crusco | October 23, 2017
In his Cyber Crime column, Peter A. Crusco addresses the particularity requirement as it relates to digital evidence seized by search warrant, reviews some of the recent cases, and highlights possible trends.
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