Donovan Swift

Donovan Swift

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September 18, 2024 | New York Law Journal

The Excessive Fines Clause Comes for the FBAR Civil Penalty

"But long before Congress adopted this penalty structure, the Eighth Amendment to the Constitution prohibited the federal government from imposing 'excessive fines,'" writes Jeremy H. Temkin.

By Jeremy H. Temkin

9 minute read

September 18, 2024 | New York Law Journal

Allocation of Income From Restricted Share Units

"Determining the New York taxation of nonresident employees who receive deferred compensation adds an additional level of complexity," writes David E. Kahen.

By David E. Kahen

7 minute read

September 18, 2024 | New Jersey Law Journal

Personal Liability Following a Deed in Lieu of Foreclosure in New Jersey

"This makes a deed in lieu of foreclosure an attractive loss mitigation option for a defaulting homeowner in New Jersey," writes Myron C. Weinstein

By Myron C. Weinstein

8 minute read

September 18, 2024 | Legaltech News

The Future Is Now: The Case for Adoption of Generative AI Document Review in E-Discovery

The evidence supporting GenAI is compelling, and it's time to explore what this technology can offer. Those who hesitate risk falling behind in a rapidly evolving industry.

By Esther Birnbaum, Interactive Brokers

6 minute read

September 17, 2024 | New York Law Journal

Plan B: Housing New Yorkers on State Land

"For various reasons, new housing production on state land has slowed dramatically, and public authorities turned their attention to infrastructure, universities, and economic development," write Karen Meara and Christopher Rizzo.

By Karen Meara and Christopher Rizzo

8 minute read

September 17, 2024 | Legaltech News

Navigating the New AI Landscape: What Legal Teams Need to Know for 2025

Looking toward 2025, we expect a significant increase in generative artificial intelligence usage as more firms focus on sustainable, incremental adoption.

By Brandi Pack, ULO AI Specialist

6 minute read

September 17, 2024 | New Jersey Law Journal

Pinelands Commission Water Diversion Regulation Prompts Reaction From Community

"Perhaps Clayton's greatest concern is that the Regulation ... fails to meaningfully exempt non-consumptive diversions," writes Connell Foley's Ryan Benson.

By Ryan Benson

3 minute read

September 16, 2024 | New York Law Journal

Issue Preclusion in Medical Malpractice Defense

"Two related purposes of issue preclusion are to ensure finality of decisions and to avoid inconsistent adjudications of identical issues," writes John L. A. Lyddane.

By John L. A. Lyddane

9 minute read

September 16, 2024 | New York Law Journal

Positional Conflicts Under ABA and New York Rule 1.7

"Positional conflicts can be a major barrier to firms participation in pro bono work involving direct delivery of services, but the barrier is one rooted more in perception rather than legal analysis of ethics rules," write Samuel Estreicher and Samuel Ball.

By Samuel Estreicher and Samuel Ball

14 minute read

September 16, 2024 | Texas Lawyer

Gun Ownership and Mental Illness: The Legal Connection

"The case of J.M.P., Jr. sets an important precedent for future legal decisions regarding mental health and ownership of firearms," write Elisa Reiter, Daniel Pollack, and Jeffrey Siegel.

By Elisa Reiter, Daniel Pollack, and Jeffrey Siegel

10 minute read