New York Law Journal | Analysis
By Eric Wrubel | July 17, 2023
This article will explore the role, if any, the subject child's views and voice play in a parentage proceeding where the putative parent's claim is either based in equitable estoppel or application of the test set forth by the New York Court of Appeals in Brooke S.B. v. Elizabeth A.C.C.
New York Law Journal | Analysis
By Leslie Silva | July 17, 2023
If the parties are unable to come to an agreement, they would bear the burden of having to prove fault in order to resolve the matter through litigation and successfully obtain a divorce. This burden can be costly, both financially and emotionally, to the divorcing couple and negatively impact any children caught in the middle.
New York Law Journal | Analysis
By Alan Feigenbaum | July 17, 2023
The question becomes whether and under what circumstances do you, as the recipient of the request for an adjournment, say "yes" or "no." Once again, no training was provided to us in law school on how to answer this question.
New York Law Journal | Analysis
By Mark Bini, Kaela Dahan and Victoria Jaus | June 26, 2023
Crypto companies, for their part, have complained that it is not clear what digital assets, if any, are securities, and that they have not been given clear regulatory rules of the road.
New York Law Journal | Analysis
By William Jay, Charles Brown, Daniel Roeser, Justin D. Ward and William Evans | June 26, 2023
The court's opinion endorses a large body of lower court authority that had come to the same conclusion, and it also makes clear that this tracing requirement applies with full force to Section 11 suits arising from "direct" listings.
New York Law Journal | Analysis
By Mayling Blanco, Katey Fardelmann and Matthew Niss | June 26, 2023
Although government enforcers plainly remain undeterred, reckoning with these thorny legal issues introduces additional complications to any enforcement action. To cut the Gordian knot, New York prosecutors increasingly take a different tack: charging defendants in the cryptocurrency space under neutral statutes that do not require the government to prove that the asset in question is a security or commodity.
New York Law Journal | Analysis
By Pravin Rao and Gabriel Tong | June 26, 2023
"Controlling person liability" claims have become increasingly common in securities litigation. Due to a circuit split in how these claims can be established, plaintiffs have taken advantage of the relatively low threshold required in some jurisdictions to establish a prima facie case of controlling person liability.
New York Law Journal | Analysis
By Scott M. Smiler | June 19, 2023
When your neighbor knocks on your door and asks for access, there are a few preliminary steps that should be taken.
New York Law Journal | Analysis
By Dennis M. Sughrue and Daniel A. Devine | June 19, 2023
As has been widely reported, U.S. property owners must refinance $137 billion of office mortgages this year and nearly half a trillion dollars in the next four years, at a time of widespread lender retrenchment. Compounding the distress, spiking interest rates, coupled with the staggering cost of interest rate hedges for floating-rate loans, have dramatically raised the cost of the few loans on offer.
By Julian M. Wise, James Koenderman and Sabrina Singh | June 19, 2023
Macroeconomic factors such as supply shortages, geopolitical uncertainty, and low borrowing costs have led to higher commodity costs and inflation. In turn, high inflation has led central banks to continue to increase interest rates, ultimately resulting in high borrowing costs and curbing economic growth.
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Frederick D. Miceli has joined the firm as Of Counsel
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