November 04, 2022 | Texas Lawyer
Lawyer Liner NotesWhat's an attorney's job then? To enter the chaos and bring order—a form of justice, no less.
By Greg Cox
4 minute read
November 04, 2022 | New York Law Journal
Accountings in Estate and Trust Proceedings, Part I: Informal AccountingsThis article, the first in a series, discusses settling fiduciary accounts informally rather than the fiduciary being compelled pursuant to SCPA §2205 or through the voluntary judicial settlement process as prescribed in the SCPA §2210.
By C. Raymond Radigan and Kera N. Reed
10 minute read
November 04, 2022 | New York Law Journal
Negligence of Health Care Providers: Malpractice or Ordinary Negligence?The distinction between medical malpractice and negligence is a subtle one, for medical malpractice is but a species of negligence and no rigid analytical line separates the two. This article will discuss the factors and principles used by the appellate courts in making this distinction.
By Alan W. Clark
23 minute read
November 04, 2022 | New York Law Journal
Company Culture Drives Retention and Revenue—It's the Key Ingredient for High-Performing TeamsWhile sometimes difficult to measure, an organization's culture forms an identity that ultimately contributes to growth, or conversely, recession, writes columnist Ioana Good.
By Ioana Good
5 minute read
November 03, 2022 | New York Law Journal
'Worse Than Nothing: The Dangerous Fallacy of Originalism'"Chemerinsky's book is advocacy—great advocacy indeed, that seeks to break down what occurs daily on the court in polarized times. One should definitely read his advocacy."
By Joel Cohen
5 minute read
November 03, 2022 | New York Law Journal
The 'Forbidden Conduct' Defense: Is It a Subset of the 'Sole Proximate Cause' Defense or an Entirely Different Animal?Are these really "sole proximate cause" defenses or are they an entirely different animal? That threshold question, which may or may not give rise to the same answer for all three variants of the Forbidden Conduct argument, matters.
By Brian J. Shoot
24 minute read
November 03, 2022 | New York Law Journal
Gustave Courbet: Artistic and Political RevolutionaryCourbet demonstrated to the next generation of great artists—Manet, Monet, Cezanne and many others—that it is possible to succeed artistically and economically apart from government approval.
By David Lenefsky
10 minute read
November 02, 2022 | New York Law Journal
No Certificate of Occupancy? No Problem!A recent case by the Appellate Division, Second Department, has reinforced one important distinction between a residential rental tenant, and a shareholder in a cooperative corporation.
By Deborah Koplovitz and Andrew B. Freedland
6 minute read
November 02, 2022 | New York Law Journal
SDNY Clarifies Availability of Administrative Priority for Postpetition Contract BreachesThe District Court's holding reverses some of the potentially harmful consequences of the lower court's decision—which, if affirmed, would have undermined the Bankruptcy Code's statutory protections intended to encourage parties to transact with debtors in bankruptcy.
By John J. Rapisardi and Matthew Kremer
10 minute read
November 02, 2022 | New York Law Journal
WhatsApp With Transparency? Off-Channel Communications Settlements Leave QuestionsFollowing a sweep investigation, financial regulators recently unveiled a string of settlements with large institutions arising out of employees' use of unauthorized or "off-channel" applications such as WhatsApp for business-related communications. A closer look at the settlements reveals some takeaways regarding the regulators' approach to resolving multiple cases with similar issues, and that approach appears to be largely one-size-fits-all, with limited transparency.
By William F. Johnson
15 minute read