New York Law Journal | Analysis
By Alan R. Levy | December 20, 2017
Alan Levy discusses how New York courts have been struggling recently with what has become a commonplace use of non-attorney staff and outside legal service providers known as "IME Watchdogs" to accompany plaintiffs to their Independent Medical Examinations.
New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | December 19, 2017
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a case in which the Court of Appeals clarified the requirements for plaintiffs seeking to bring shareholder derivative actions against Cayman Islands companies in New York State courts.
By Scott E. Mollen | December 19, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Motta v. Sheehan,” a landlord-tenant case where the court restored the petitioner to possession of the premises after the receiver illegally evicted her without a judgment of possession and warrant of eviction.
New York Law Journal | Analysis
By Christopher Harris, Jonathan Lippman, Gregory Mortenson and Nicole Valco | December 19, 2017
Christopher Harris, Jonathan Lippman, Gregory Mortenson and Nicole Valco provide an overview of the recent and potential additional rule changes in the Commercial Division, how they complement previous changes, and how they further the Commercial Division's aim of providing an attractive and hospitable forum for the fair and timely resolution of complicated commercial disputes from around the globe.
New York Law Journal | Analysis
By Elizabeth Jaikaran | December 19, 2017
Elizabeth Jaikaran looks at the counseling issues at play when cryptocurrency is used to fund real estate transactions, and discusses the first wholly Bitcoin-funded real estate transaction, which closed in September of this year.
New York Law Journal | Analysis
By Elai Katz | December 18, 2017
Antitrust columnist Elai Katz writes: Surprising some observers, the new leadership at the Antitrust Division of the Department of Justice has brought a couple of noteworthy merger cases over the last few months.
New York Law Journal | Analysis
By Shari Claire Lewis | December 18, 2017
In her Internet Issues/Social Media column, Shari Claire Lewis writes: The European Commission has published its first annual report on the EU-U.S. Privacy Shield, and the Commission has determined that the Privacy Shield is working. Clients with an online presence should not assume, however, that international privacy issues no longer demand their attention.
New York Law Journal | Analysis
By Jordan M. Engelhardt and Muhammad U. Faridi | December 18, 2017
Jordan M. Engelhardt and Muhammad U. Faridi write: The CPLR does not define the phrase “documentary evidence.” Commentators on the CPLR have attempted to fill the void by offering their own take on the issue. And the First and Second Departments have split on whether certain types of paper qualify as “documentary evidence.”
New York Law Journal | Analysis
By Michael Schmidt and Jennifer Queliz | December 15, 2017
Michael Schmidt and Jennifer Queliz write: In 2017 New York continued its trend of enacting laws and regulations at both the state and local levels that cause epic headaches for employers. These new developments make clear that New York is unlikely to give up its title as one of the most pro-employee states in the nation. Here is a look back at some of the most significant developments.
New York Law Journal | Analysis
By Thomas J. Hall | December 14, 2017
Commercial Division Update columnist Thomas J. Hall writes: Defendants bear a heavy burden of establishing that New York is not a convenient forum, and courts have discretion in considering a number of factors in determining the issue. While no one factor is controlling, the residency of the parties has emerged in recent Commercial Division decisions as an important factor.
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