New York Law Journal | Expert Opinion
By Steve Cohen | December 8, 2023
A discussion of a health insurer's ability to overrule a doctor's prescription/plan via the "prior authorization" process, and whether or not this triggers the most fundamental concept in torts: the duty of care.
New York Law Journal | Expert Opinion
By Alan Kolod and Eric Marcus | December 6, 2023
Alan Kolod and Eric Marcus, members of the subcommittee of the NYC Bar Association committee that helped prepare the New York version of the 2022 UCC Amendments, share their views on the importance of New York enacting the new proposed amendments to the Uniform Commercial Code.
New York Law Journal | Expert Opinion
By David A. Form, Oren Gertner and Ellie S. Cohen | November 24, 2023
In recent years, a number of professional service firms (including law firms and consulting firms) have established employees' securities companies, or "ESCs" which can provide their employees with benefits intended to compete with those offered by certain other industries, such as investment banking and financial services. This article describes in summary the process of establishing an ESC, the eligibility criteria for an ESC and the types of investments in which ESCs may participate. It also discusses recent trends in the ESC process.
New York Law Journal | Expert Opinion
By Scott Mollen | November 14, 2023
In his Realty Law Digest, Scott Mollen discusses 'Theroux v. Resnicow' dealing with private nuisance and "extremely contentious disputes among neighboring co-op shareholders."
New York Law Journal | Expert Opinion
By Carol A. Crossett | October 27, 2023
In the wake of the OceanGate submersible tragedy, there has been much discussion about liability waivers and whether they can bar a lawsuit.
New York Law Journal | Expert Opinion
By Carol Rosenthal and Nick Williams | October 26, 2023
Mayor Adams recently announced a group of proposals to eliminate certain zoning barriers in NYC in order to help increase housing, including affordable housing, in NYC. This article outlines and discusses these proposals along with the potential impact and challenges and also the next steps in the process.
New York Law Journal | Expert Opinion
By Timothy Capowski, Jack Watkins, Sofya Uvaydov and Chris Theobalt | October 20, 2023
Publicity attacks carry far more weight than mere press conference allegations. This article offers proposals for initial steps toward cleaning up and eliminating the pleading-to-press, ("P2P") trend in litigation.
New York Law Journal | Expert Opinion
By James J. Beha II | October 18, 2023
The U.S. Supreme Court is set to decide whether shareholders can sue for alleged failures to comply with Item 303's disclosure requirements. In 'Macquarie Infrastructure Corp. v. Moab Partners, L.P,' the court will decide whether private plaintiffs can import Item 303's broad, subjective disclosure requirements into a Rule 10b-5 private securities fraud claim. The court's resolution of this issue could have a significant effect on the scope of public companies' potential liability for alleged securities fraud.
New York Law Journal | Expert Opinion
By Scott Mollen | October 17, 2023
Scott Mollen discusses "Town of Orangetown, NY v. Armoni Inn & Suites," and "Gentles v. Day."
New York Law Journal | Best Practices|Expert Opinion
By Scott M. Himes | October 6, 2023
Litigation occurs because parties are in a dispute. But not every issue, position, argument, and fact needs to be litigated to resolve the dispute. Parties often fight over issues that do not matter, and sometimes don't even exist. This article offers pointers for staying on the right course.
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