New York Law Journal | Expert Opinion
By Corinne Ball | June 27, 2018
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the case "Franchise Services of North America" and writes: The importance of this case rests upon the threshold determination that relief from provisions in the certificate of incorporation granting rights to bona fide investors must be sought in the relevant state court, even when the remedy sought is the exercise of a federal right, generally exercised by fiduciaries that are required to act in the corporation's best interests.
New York Law Journal | Analysis|Expert Opinion
By James E. Mercante | June 26, 2018
In his Admiralty column, James E. Mercante writes: Recent marine casualties demonstrate that operators of watercraft can be lured into inattention as readily as their landlubbing counterparts.
New York Law Journal | Analysis|Expert Opinion
By Martin Flumenbaum and Brad S. Karp | June 26, 2018
The main doctrinal source of the modern federal sentencing regime is United States v. Booker, 543 U.S. 220 (2005). The U.S. Supreme Court in Booker famously ruled that the U.S. Sentencing Guidelines, which had been binding, must be advisory to be constitutional.
New York Law Journal | Expert Opinion
By Elai Katz | June 25, 2018
A federal trial judge rejected the Department of Justice's challenge to AT&T Inc.'s proposed acquisition of Time Warner Inc., denying the government's request to block the proposed merger of a leading communications provider with a major entertainment company.
New York Law Journal | Expert Opinion
By Conrad Teitell | June 22, 2018
In his Estate Planning and Philanthropy column, Conrad Teitell writes: “The Tax Cuts and Jobs Act,” Pub. L. No. 115-97, limits an individual's deduction under IRC Section 164 for the total amount of state and local taxes (SALT) paid during the calendar year to $10,000 ($5,000 for a married individual filing a separate return)
New York Law Journal | Expert Opinion
By Karen Meara and Christopher Rizzo | June 20, 2018
States and cities are striving to improve air quality and reduce greenhouse gas (GHG) emissions in an era when the federal government is moving in the opposite direction.
New York Law Journal | Expert Opinion
By Edward M. Spiro and Judith L. Mogul | June 18, 2018
In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss the impact of the proportionality requirements in the Federal Rules of Civil Procedure on extension of discovery deadlines.
New York Law Journal | Expert Opinion
By Sidney Kess | June 18, 2018
In his Tax Tips column, Sidney Kess writes: The Tax Cuts and Jobs Act (TCJA), combined with rising mortgage rates, could impact homeowners. For now, prospective buyers and homeowners need to contend with what has and hasn't changed with respect to tax breaks for homeownership as a result of this tax legislation.
New York Law Journal | Expert Opinion
By Margaret A. Dale and Mark D. Harris | June 12, 2018
In our October 2017 column, we wrote about some of the Securities and Exchange Commission's new cybersecurity initiatives, including the creation of a new Cyber Unit within the SEC's Enforcement Division.
New York Law Journal | Expert Opinion
By Michael Hoenig | June 12, 2018
Complex Litigation columnist Michael Hoenig writes: The National Highway Traffic Safety Administration (NHTSA) says distracted driving is dangerous claiming 3,450 lives in 2016 alone. The safety agency adds that 391,000 persons were injured in motor vehicle crashes involving distracted drivers in 2015.
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