Columns

  • New York Law Journal | Analysis

    In 'Microsoft', SCOTUS Will Review Extraterritorial Reach of Search Warrants

    By H. Christopher Boehning & Daniel J. Toal | December 5, 2017

    Federal E-Discovery columnists H. Christopher Boehning & Daniel J. Toal write: The Supreme Court's eventual decision in this matter could have a significant impact on how U.S. companies, not just Microsoft, conduct business in this modern age.

  • New York Law Journal | Analysis

    Police Uniforms in the Courtroom: Unconstitutional Intimidation?

    By Christopher Dunn | December 5, 2017

    Civil Rights and Civil Liberties columnist Christopher Dunn writes: Given the common practice of uniformed police officers flooding courtrooms during the criminal trials of fellow officers and the fact that spectator officers undoubtedly appear in uniform for the express goal of influencing juries and judges, it is important to consider whether this display violates a defendant's right to a fair trial.

  • New York Law Journal | Analysis

    The 'Speedy-Trial' Statute: Disabled by Legal Fictions

    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

    Realty Law Digest

    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

    When Title Is Under an Assumed Name: Who Can Bring the Summary Proceeding?

    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

    Emotional Distress and Right of Sepulcher

    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

    Government Makes Manafort's Lawyer a Key Witness Against Him—Ho-hum?

    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

    A Three-Point Legislative Agenda for Court Reform in New York

    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

    Ninth Circuit Allows Fox to Use 'Empire' Despite Prior Use by Record Company

    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

    Why Is Law Firm Innovation Failing?

    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?

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