Angela Turturro

November 17, 2022 | New York Law Journal

The U.S. Court of Appeals for the Ninth Circuit recently adjudicated a fair use claim involving photographs of hundreds of works by perhaps the only 20th century artist even more famous than Warhol: Pablo Picasso.

By Robert W. Clarida and Thomas Kjellberg

8 minute read

November 16, 2022 | New York Law Journal

Was it appropriate for these Supreme Court Justices to attend this extrajudicial social gathering, where they are praised for decisions that destroyed a woman's reproductive freedom and elevated gun rights to astonishing constitutional preeminence, especially when these Justices owe their membership on the Supreme Court and their reputations, at least in part, to the Federalist Society?

By Bennett L. Gershman

6 minute read

November 16, 2022 | New York Law Journal

Given that the Tax Court applies the law as interpreted by the Court of Appeals in the Circuit where the taxpayer lives, the varying interpretations of the supervisory approval requirement mean that liability for substantial penalties may turn on where the taxpayer resides.

By Jeremy H. Temkin

9 minute read

November 16, 2022 | New York Law Journal

Is it (or when is it) legitimate for corporate management to reject a nomination in a director election (given that management is usually self-interested)? This column's answer will be that an independent corporate board is entitled to take actions (including through bylaws amendments) that generate greater transparency and material information—subject to judicial review.

By John C. Coffee Jr.

10 minute read

November 16, 2022 | New York Law Journal

New York state's home care program has kept many seniors at home and out of nursing homes. It is a humane and cost effective approach to long-term care. The logic behind the 30-month "look-back" period for Medicaid home care is suspect.

By Daniel G. Fish

5 minute read

November 15, 2022 | New York Law Journal

The Court of Appeals ruled last month that language in a contract must be express and "unmistakably clear" in order to evince the parties' intent to indemnify each other for attorney fees in an action between the parties.

By Linton Mann III and William T. Russell Jr.

6 minute read

November 15, 2022 | New York Law Journal

The Zoning Resolution, with its accompanying 126 Zoning Maps, is a voluminous yet concise organic document, amended continually since its adoption on Dec. 15, 1961, and it has intrigued me ever since I first laid eyes on it.

By Neil Weisbard

8 minute read

November 14, 2022 | Corporate Counsel

The Guidelines serve as welcome transparency to industry as to how violations will be assessed.

By Zlatko 'Zack' Hadzismajlovic

7 minute read

November 14, 2022 | New York Law Journal

In this Special Report: "The Business Case for Opting Out of High Value Class Actions," "Welcome Clarity: The Priority of Coverage in Construction-Accident Cases," "What Is a Special Master? The Use of Special Masters in New York Courts," "Bankers Beware: The Judicial Divide Over Customary Investment Banking Fees" and "Modern Real Estate Financing Subject to Ancient 'Clogging' Challenges."

By Angela Turturro

2 minute read

November 14, 2022 | New York Law Journal

The opportunity to dispute merit in medical malpractice defense provides an important tool for the representation of your client.

By John L.A. Lyddane

8 minute read