November 02, 2022 | New York Law Journal
Defense Has an Opportunity To Be Heard"Cohen misses the mark when he declares that both federal and New York state grand juries deprive the defense of the opportunity 'to tell or present its side of the story.'"
By Eric A. Seiff
2 minute read
November 02, 2022 | New Jersey Law Journal
Jeffrey P. Weinstein, In RemembranceJeff loved his work as a family lawyer and built his practice on the values of empathy, compassion and communication.
By Evan R. Weinstein
3 minute read
November 01, 2022 | New York Law Journal
Post-Judgment Appeals of Prior Non-Final OrdersAlmost every type of non-final order is separately appealable to the Appellate Division as of right, about the only qualification being that it "involves some part of the merits" or "affects a substantial right."
By Thomas R. Newman and Steven J. Ahmuty Jr.
10 minute read
November 01, 2022 | New York Law Journal
New York State's Next Chief Judge"One of the most important lessons I learned during my 20 years as a Judge on the Court of Appeals is an understanding of the judicial restraint which must be exercised by a judge, particularly a judge of the state's highest court."
By Sol Wachtler
17 minute read
November 01, 2022 | New York Law Journal
'Ruan v. United States' Reinforces Importance of Mens Rea in Federal Criminal LawIn this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack first analyze the majority and concurring opinions in 'Ruan'. Next, they draw a parallel with the law relating to a reliance on counsel defense. They conclude by suggesting how 'Ruan' might be applied in other contexts.
By Elkan Abramowitz and Jonathan Sack
10 minute read
November 01, 2022 | New York Law Journal
Raising the Bar on Reasonableness: Your Comprehensive Guide to NY DFS's New Era of Cybersecurity RegulationThe Department is embarking on a new era of cybersecurity regulation for financial services. The result is a more stringent regulatory atmosphere in New York with the likelihood of far higher compliance expectations for full compliance.
By Michael Bahar, Cynthia Shoss and Alexander Sand
21 minute read
October 31, 2022 | New York Law Journal
Supreme Court Rejects 'Miranda' §1983 ClaimsIn 'Vega v. Tekoh', 142 S.Ct. 2095 (2022), the Supreme Court held that a §1983 claim for damages does not lie against a law enforcement officer who obtained a statement from a suspect in violation of 'Miranda', even if the statement was introduced against him in the criminal trial.
By Martin A. Schwartz
8 minute read
October 31, 2022 | New York Law Journal
The Future of Virtual Lawyering in New York StateThrough live hearings, remote listening sessions, and written testimony, the PPWG has heard from hundreds of different stakeholders, including litigants, the bar, legal services providers, judges, court staff, community groups, law enforcement, judicial associations, and other government and non-government entities.
By Mark A. Berman and Craig J. Doran
6 minute read
October 31, 2022 | New York Law Journal
Funding the Business of LawTraditional lenders have been willing to treat consistently generated fee revenue as an income stream against which to lend. But it is only more recently that the individual litigations themselves have begun to be treated as assets that can be monetized. This process, litigation finance, is by now familiar, but below I discuss the next step for that industry: financing the business of law itself.
By Joshua Libling
7 minute read
October 31, 2022 | New Jersey Law Journal
BAR REPORT - Oct. 31, 2022In this week's Bar Report: NJSBA's 'Madden' Summit highlights concerns about assignment in right to counsel matters; the Board of Trustees advanced the Association's advocacy on attorney retainer agreements at its Oct. 14 meeting; and an interview with Seth Abrams, the new chair of the Internet and Computer Law Committee.
By New Jersey State Bar Association
7 minute read