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July 08, 2021 | New York Law Journal

Tax Sentence Rationale, Email Service, MDL Transfer

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions handed down recently: one setting forth the reasons for a two-year sentence of incarceration in a tax case; another granting plaintiffs' motion to serve a preliminary injunction on a Taiwan-based company by email; and the last deciding related cases concerning defendant's motion to transfer a matter to a multidistrict litigation.
9 minute read
June 18, 2021 | New York Law Journal

Can Commercial Tenants Really Avoid Rent During the Pandemic Using the Frustration-of-Purpose Doctrine?

Recent decisions and the use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the New York commercial real-estate market—and the economy more generally
7 minute read
Appellate Division, Second Department: June 16, 2021
Publication Date: 2021-06-18
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department: June 16, 2021

June 10, 2021 | New York Law Journal

Statements to Foreign Police, Interpol Immunity, Solicitation Sanctions

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions handed down recently: one denying a motion to suppress statements made to foreign officials in Bulgaria; another finding that there was no subject matter jurisdiction over claims against Interpol; and a third sanctioning plaintiffs' counsel for improper client solicitation.
10 minute read
Court of Appeals: June 3, 2021
Publication Date: 2021-06-07
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Court of Appeals, New York State
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Court of Appeals: June 3, 2021

Appellate Division, First Department: June 1, 2021
Publication Date: 2021-06-03
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: June 1, 2021

May 25, 2021 | New York Law Journal

The Special Challenges of LIBOR Transition for Residential Mortgage-Backed Securities and Other LIBOR-Indexed Securitizations

This article addresses the challenging issue of LIBOR transition—that is, moving from LIBOR to another benchmark rate—for asset-backed securities such as residential mortgage-backed securities (RMBS).
9 minute read
May 13, 2021 | New York Law Journal

Motion To Preclude Witness, TCPA Violation, Securities Fraud Claims

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision precluding defendants from calling plaintiff's former counsel as a trial witness; a holding that a complaint alleging illegal robocalls in violation of the TCPA did not adequately connect defendants to the calls received by plaintiff; and a decision declining to dismiss securities fraud claims, rejected defendants' arguments based on the statute of limitations and risk disclosures.
9 minute read
April 08, 2021 | New York Law Journal

Negative Yelp Review, Securities Fraud Claims, Fee Disgorgement  

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a holding that hostile Yelp remarks did not amount to defamation; a decision on motions to dismiss securities fraud claims against a pharmaceutical company; and an order to an attorney representing a debtor "in connection with" a bankruptcy case to disgorge part of his fee for failure to file the requisite statements of compensation.
11 minute read
Appellate Division, First Department: April 1, 2021
Publication Date: 2021-04-05
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: April 1, 2021

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