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September 10, 2023 | New York Law Journal

Standing of Trust Beneficiaries in Derivative Actions

Since New York case law generally holds that a trustee is the proper party to a suit in conflict situations, the aggrieved trust beneficiary is seemingly without options. Practitioners, however, should be familiar with two exceptions to the general rule in this context—the so-called "double-derivative" standing of a trust beneficiary and "equitable owner" approach to standing. This piece sets forth a brief basis for each theory and strategic considerations when bringing these types of matters.
8 minute read
August 27, 2023 | New York Law Journal

Jack Daniel's Decision Clarifies Balance Between First Amendment and Trademark Rights

This article discusses how the U.S. Supreme Court, in a unanimous decision, vacated a decision by the U.S. Court of Appeals for the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff's trademark.
8 minute read
August 21, 2023 | New York Law Journal

'Gottwald v. Sebert' Sheds Light on 'Public Figure' Claim for Defamation Suit Purposes

The Court of Appeals' recent decision in Gottwald v. Sebert, which took a broader approach to determining who qualifies as a "public figure" for defamation purposes may shed some light on the issue.
6 minute read
August 07, 2023 | New York Law Journal

Is Your Dispute Resolution Process Truly Confidential?

Alternative dispute resolution has many advantages over traditional litigation, including reduced costs, expedited timelines and streamlined processes.…
9 minute read
Garnet Health Medical Center-Catskills v. Center For Discovery, Inc.
Publication Date: 2023-07-14
Practice Area: Civil Appeals
Industry:
Court: Appellate Division, Third Department
Judge: Unsigned Garry, P.J., Egan Jr., Pritzker, Reynolds Fitzgerald and McShan, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 534872

Garnet Health Medical Center-Catskills v. Center For Discovery, Inc.

Law Journal Press | Digital Book New Jersey Estate Litigation 2014 Authors: Michael R. Griffinger, Paul F. Cullum III View this Book

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July 12, 2023 | New York Law Journal

'We've Had a Good Run': Ganfer Shore to Shutter as Partners Prepare for New Roles With Different Firms

Firm leaders described the dissolution of the 28-attorney firm as amicable, but said they faced a reckoning as co-founding partner Steven Ganfer's retirement date and the end of the firm's lease term for its Midtown Manhattan office space drew near.
3 minute read
In the Matter of Evercare Choice, Inc. v. Howard A. Zucker
Publication Date: 2023-07-07
Practice Area: Civil Appeals
Industry:
Court: Appellate Division, Third Department
Judge: Unsigned Garry, P.J., Egan Jr., Clark, Reynolds Fitzgerald and Ceresia, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 535367

In the Matter of Evercare Choice, Inc. v. Howard A. Zucker

Appellate Division, First Department: June 20, 2023
Publication Date: 2023-06-20
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:June 15, 2023

June 01, 2023 | Pro Mid Market

Midsize Moves: Lieff Cabraser Scoops Lawyer From Constantine Cannon, Carter Ledyard Hires Partner From Moritt Hock

Edward Baker has joined the New York office of Lieff Cabraser Heimann & Bernstein as of counsel; Carter Ledyard & Milburn announced that A. Jonathan Trafimow has joined the firm as a partner.
3 minute read
May 03, 2023 | Daily Business Review

New York's Moritt Hock & Hamroff Opens in Fort Lauderdale With Focus on Midmarket Finance and Wealth

"We were getting a lot of inquiries from our New York financial institutions about their expanding role in Southeast Florida and that they were underserved in the middle market space," managing partner Marc Hamroff said.
3 minute read

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