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December 12, 2023 | New York Law Journal

Decision of the Day: Defense Lawyer Disqualified Under Witness Advocate Rule as Integral, Prejudicial Witness

This ruling was selected and summarized by the New York Law Journal's decision editors. 
2 minute read
December 12, 2023 | New York Law Journal

Bridging the Gap: Calibrating FARA Enforcement With Civil Penalties

The Foreign Agents Registration Act, a formerly obscure federal law designed to help the government monitor foreign influence in the United States, is obscure no longer. But even as criminal FARA enforcement has increased, there is little meaningful civil enforcement of the law. The absence of a real civil enforcement option when FARA violations are less severe unduly distorts decision-making in favor of criminal enforcement.
10 minute read
December 12, 2023 | New York Law Journal

The Exceptionally Broad Reach of New York's Franchise Law

Manufacturers, distributors, patent holders, consultants, retailers and others similarly situated often find themselves in business relationships that may trigger the broad reach of franchise laws. Indeed, those businesses who operate in New York would be wise to be particularly careful in light of New York's exceptionally broad statutory language.
6 minute read
December 12, 2023 | New York Law Journal

Who Bears Responsibility for Required Condo/Co-Op Apartment Repairs?

In cases where building management and the unit owner disagree on who bears responsibility for making the repairs and/or who bears the repair costs, the attorney's role, whether in representing the cooperative or condominium board on the one side or the opposing apartment shareholder or condominium residential or commercial unit owner on the other, is to focus on the several important tasks, discussed here.
12 minute read
December 12, 2023 | New York Law Journal

Should International Arbitrators Be Watch Dogs or Hound Dogs?

International arbitrations often involve large amounts of money concerning, on occasion, indications of illegality, including criminal activity. What arbitrators can and should do when they have some awareness of such illegal activity has recently become the subject of commentaries and analyses.
8 minute read
December 12, 2023 | New York Law Journal

Medicaid Office Expands Self-Disclosure Program, Requires Transparency

A discussion of several state-level changes related to the False Claims Act, specifically how NY has amended its overpayment process and changed how they're processing claims.
8 minute read
December 11, 2023 | New York Law Journal

Judicial Ethics Opinion 23-28

May a full-time judge serve on the board of directors of two local not-for-profit organizations: 1) [City] Partners in Education, which "partners with students to ensure they are ready for, enroll in, and complete college" and "does not engage with the Courts at all" and 2) Cluster, Inc., which provides, among other programs, community mediation services including in small claims court?
2 minute read
December 11, 2023 | New York Law Journal

Retired Justice Recounts a 'Magical' Manhattan Dinner With Judicial Luminaries of 1970s New York

Very early in his legal career, a retired judge received a rare dinner invitation that he would never forget -- and one that provides a high vantage point to look back through the generations.
5 minute read
December 11, 2023 | New York Law Journal

Trump Is Recruiting Lawyers Who Swear Fealty to Him, Not the Constitution

Tyrants depend on lawyers to retain power, seek retribution against enemies, and suppress dissent, a Law Journal columnist writes.
6 minute read
December 11, 2023 | New York Law Journal

Recent Column on Appointing Attorneys for Toddlers Relies on 'Careless and Ill-Informed Reading' of New York's Child Representation Rules

A family court lawyer's recent unsubstantiated assertion in a Law Journal column that that judges "allow[] themselves to be potentially influenced by their favorite AFC on the issue of a toddler's custody," is both nonsensical and insulting to the judiciary, a group of prominent Attorneys For Children write.
5 minute read

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