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July 11, 2016 |

Mortmain Statutes and Testamentary Gifts to Charities

C. Raymond Radigan and Jennifer F. Hillman examine the historic reasons for mortmain, statutes ostensibly meant to protect testators and their families from overreaching religious or charitable groups, and the reasons why the legal system has embraced free will over regulation.
17 minute read
July 06, 2016 |

Recognition for Lawyers

Among other honors and awards, the National LGBT Bar Association named several New York attorneys to its 2016 "Best Under 40" list, and the Managing Attorneys and Clerks Association elected new officers.
16 minute read
June 27, 2016 |

Real Estate Law & Practice

In this Special Report from the New York Law Journal: "Don't Ignore Liquor License Issues in Transactions," "Standing the Test of 'Time Is of the Essence'," "Policy Change for Offerings of Out-of-State Condominiums in New York" and "Paths Forward for Multifamily Properties and Conversions to Residential Use."
7 minute read
June 27, 2016 |

Standing the Test of 'Time Is of the Essence'

Eric Rubenstein and John Chillemi of Ruskin Moscou Faltischek discuss recent decisions interpreting "time is of the essence clauses," which indicate a consistency of interpretation but with certain wrinkles of which attorneys should be aware.
22 minute read
June 09, 2016 |

Law of Organ Donation and Transplantation

In their Trusts and Estates Law column, C. Raymond Radigan and John G. Farinacci discuss courts' balancing of the wishes of the deceased, the desires of the surviving family, and the need for bodies and organs for transplants, education and research in cases arising under the New York Anatomical Gifts Act or the right of sepulcher.
11 minute read
May 11, 2016 |

A Smooth Landing for Air Cargo Suit

After $1.2 billion in settlements and a decade of litigation that swept in antitrust lawyers from more than 50 firms (seriously, did anyone NOT work on this case?), the massive air cargo price fixing litigation is coming in for a landing.
57 minute read
April 01, 2016 |

On the Move

Seven firms, including Baker & Hostetler, White & Case and Proskauer Rose, announce new additions.
3 minute read
March 14, 2016 |

Article 17-A Guardianship Statute: Still Alive and Well

In their Trusts and Estates Law column, C. Raymond Radigan and Peter K. Kelly write that, contrary to a recent holding by Surrogate Margarita Lopez-Torres, Article 17-A is not "a drastic remedy" for persons diagnosed with the statutory conditions, and should not be avoided at all costs. Other cases show the flexibility that Article 17-A courts exercise and that the statute is a good alternative to the more expensive and time-consuming procedures of Article 81.
8 minute read
January 26, 2016 |

On the Move

Seven firms announce promotions while Thompson Hine and Romer Debbas have each added an attorney.
2 minute read
January 11, 2016 |

Recent Tax Court Ruling on Crummey Trusts

In their Trusts and Estates column, C. Raymond Radigan and Jennifer F. Hillman write that despite their relative popularity, Crummey trusts, used to parlay the annual gift tax exclusion into a larger estate planning tool, are sometimes challenged by the IRS. A recent U.S. Tax Court case reviewed the continuing viability of Crummey trusts when the trust contains an arbitration clause and an in terrorem clause.
10 minute read

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