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September 17, 2014 |

Filing a Bond by a Preliminary Executor

In their Trusts and Estates Law column, C. Raymond Radigan and Peter K. Kelly write that despite a 50-year history of dispensing with a bond for preliminary letters testamentary, courts continue to require a bond for a variety of reasons. Some Surrogate Courts have apparently adopted as a policy the requirement that every preliminary executor post a bond, vitiating the "extraordinary circumstances" of the relevant statute.
8 minute read
August 27, 2014 |

Liaison Counsel Given Second Chance to Get Attorney Fees

Marion Mishkin, who served as liaison counsel for plaintiffs who suffered bodily injuries in the 9/11 response and cleanup, was denied attorney fees in 2013 for her work on the non-respiratory injury cases, a ruling the Second Circuit overturned yesterday, remanding the case for further discovery.
5 minute read
August 07, 2014 |

State Limit on Funds for Health Executives Upheld

The state Department of Health did not exceed its authority by barring healthcare providers from using state funds to pay for what Gov. Andrew Cuomo's administration considers to be excessive executive salaries and administrative costs, a judge found.
4 minute read
July 14, 2014 |

Interplay of Health Care Proxy and Living Will

In their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman write: More than a century ago, the U.S. Supreme Court held that an individual's right to privacy includes the right to make medical decisions affecting their bodies, but that right becomes complicated when the patient is comatose. What if the agent under a health care proxy refuses to comply with the principal's stated wishes in a living will? What if there is no health care proxy or living will?
10 minute read
June 19, 2014 |

Avoiding Insider Trading Issues: Rule 10b5-1 Plan Requirements

Seth I. Rubin and Ron Ben-Bassat discuss 10b5-1 plans, under which an individual or entity possessing material non-public information may still trade in a public company's securities.
5 minute read
May 12, 2014 |

Changes to New York's Estate and Trust Income Tax Laws

In their Trusts and Estates Law column, C. Raymond Radigan and David R. Schoenhaar write: Just as we were getting used to the permanent federal estate tax changes enacted in 2013, practitioners are required to adapt to significant changes to New York's estate tax and trust income tax laws, including an increase in the basic exclusion amount for estate taxes, and the inclusion of certain lifetime gifts when computing a New York resident's gross estate at death.
12 minute read
April 21, 2014 |

In-House Counsel Profile: Cantel Medical Corp.'s Eric Nodiff

Contracts (distribution agreements, supply agreements, service agreements) make up 65 percent of the legal work, general counsel Eric Nodiff said, with mergers and acquisitions accounting for 15 percent and employment, securities filings, intellectual property, the Foreign Corrupt Practices Act and litigation comprising the rest.
3 minute read
March 12, 2014 |

Personal Notes on Lawyers

Six firms have added partners and Oleg Sabel has added counsel.
2 minute read
March 10, 2014 |

Disposal of Decedent's Firearms Under Gun Control Law

In their Trusts and Estates Law column, C. Raymond Radigan and Peter K. Kelly of Ruskin Moscou Faltischek writes that the New York SAFE Act has important provisions for regulation of weapons owned by a decedent which must be disposed of by his fiduciary after death and also weapons that are specifically bequeathed under a decedent's will.
9 minute read
March 03, 2014 |

SCOTUS to Rule on Powers of Bankruptcy Judges

Jeffrey A. Wurst and Jon H. Ruiss Jr. of Ruskin Moscou Faltischek discuss 'Executive Benefits Insurance Agency v. Arkison', a bankruptcy matter now being considered by the U.S. Supreme Court, and highlight the effect should the court follow the direction proposed by the appellant in that matter.
13 minute read

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