New York Law Journal | Commentary
By Brian J. Shoot | August 3, 2023
Editor's Note: This is the second installment of a two-part column. The first installment appeared in the May 5, 2023, edition of the New York Law…
New York Law Journal | Commentary
By Jeffrey Alberts | August 3, 2023
On July 13, a federal judge in the Southern District of New York ruled that the analytical approach to cryptocurrency tokens advanced by SEC Chair Gary Gensler and the SEC staff was incorrect. Not only is it not clear that most cryptocurrency tokens are securities, the court concluded that no cryptocurrency tokens are securities.
New York Law Journal | Analysis|Commentary
By Thomas M. Pitegoff | August 2, 2023
Rarely if ever have most of us had to think about laws that combat money laundering, terrorism financing, human and drug trafficking, sanctions evasion and other financial crimes. But that is about to change for lawyers representing businesses in the U.S. or their owners.
New York Law Journal | Commentary
By David T. Azrin | July 31, 2023
Non-compete clauses are under fire on the federal, state and city level, but the proposed bans aren't always taking into consideration some of the reasons that non-compete clauses can be necessary for employers—and beneficial for employees. David Azrin breaks down the issues that current proposed changes to non-compete laws in New York state and New York City, as well as on the federal level, don't address that will impact New York business owners and high-earning employees if the bans are implemented.
New York Law Journal | Commentary
By Ronald S. Sullivan Jr. | July 28, 2023
Silicon Valley founders are known for selling a vision to investors and prospective customers, and then laboring to turn it into a reality. Black entrepreneurs are rarely afforded the same benefit of the doubt. Instead, their efforts are deemed unethical and even criminal.
New York Law Journal | Commentary
By Rodneyse Bichotte Hermelyn | July 28, 2023
Financial consequences are often the best way to hold entities accountable for bad behavior—but we cannot facilitate change without Gov. Kathy Hochul signing the Grieving Families Act that was passed twice—overwhelmingly, on a bipartisan basis—by the state legislature.
New York Law Journal | Commentary
By Bennett L. Gershman | July 24, 2023
U.S. Supreme Court Justice Clarence Thomas, who is an insatiable "Originalist" always eager to expound his historical version of constitutional adjudication, felt the need to invoke history to support his position on a criminal matter before the court. While Justice Amy Comey Barrett voted with her senior colleague, she "ridiculed Thomas for his misuse of history," a Law Journal columnist writes.
New York Law Journal | Commentary
By Oded Oren, Chad M. Topaz and Courtney Machi Oliva | July 24, 2023
The authors of a controversial report naming a group of New York City judges who they claim are more likely than their peers to put criminal defendants in pretrial detention respond to criticism of their work published in the New York Law Journal.
New York Law Journal | Commentary
By Joel Cohen | July 21, 2023
Donald Trump is unambiguously hoping for a victory by himself or a fellow Republican unwilling to offend Trump's base even if elected, in order to accomplish a pardon for himself or have the incoming Justice Department dismiss the case altogether, a former prosecutor and Law Journal columnist writes.
New York Law Journal | Commentary
By Sylvia O. Hinds-Radix | July 21, 2023
Whether it is counseling agency partners on plans for important infrastructure or affordable housing developments, conducting the legal transactions necessary to close major economic development deals, or defending against challenges to key climate resiliency initiatives, the hard work of generations of Law Department staff is evident.
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