Kylie Marshall

February 20, 2024 | New York Law Journal

The Court of Appeals had a relatively quiet January and released four opinions. In 'People v. Messano', it considered whether the police had reasonable suspicion to detain the defendant and whether the People met their burden of showing that drug-related contraband should not be suppressed because the evidence was in plain view.

By Linton Mann III and William T. Russell Jr.

8 minute read

February 20, 2024 | New York Law Journal

In this article, Marc Lieberstein and Chris Caiaccio discuss recent legislative developments that represent the clearest attack on the franchise model to date that may present challenges to the growth of franchising in the year ahead.

By Marc Lieberstein and Chris Caiaccio

10 minute read

February 20, 2024 | New York Law Journal

Thomas R. Newman of Duane Morris suggests that an increase in the number of criminal appeals heard and decided by the New York Court of Appeals is welcome.

By Thomas R. Newman

1 minute read

February 16, 2024 | New York Law Journal

In their Domestic Environmental Law column, Christopher Rizzo and Karen Meara present the current state of the law for climate disclosures in select major markets, particularly New York, and likely developments in 2024.

By Karen Meara and Christopher Rizzo

8 minute read

February 15, 2024 | New York Law Journal

In New York state, business entities formed or incorporated outside New York that meet the criteria of "doing business" in New York are classified as foreign business entities and are required to register to do business in New York. Both the New York BCL and the New York LLC Law provide that, without registering in New York, a foreign business entity does not have the legal capacity to bring suit in any New York state courts, although it can be sued in New York.

By Thomas J. Hall and Judith A. Archer

10 minute read

February 15, 2024 | New York Law Journal

There are too many instances of child welfare officials leaving children with their families when later catastrophic events suggest that a removal from that environment could have been protective, or even life-saving. However, the opposite is also true. And then, there are many cases when a child protective services worker is truly not sure what to do, but the system "errs on the side of caution" and removes a child from their family anyway.

By Daniel Pollack and Kathryn Krase

6 minute read

February 15, 2024 | New York Law Journal

While working toward a settlement, it is common for parties to email proposed terms and settlement amounts without necessarily expecting that their communications will be enforceable. 'Elysium Health v. ChromaDex' illustrates that settlement terms can be enforceable without a formal, executed agreement if the parties express mutual assent and intention to be bound.

By Thomas E. L. Dewey

7 minute read

February 14, 2024 | New York Law Journal

A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.

By Michael J. Hutter

11 minute read

February 14, 2024 | New York Law Journal

In 'Estate of Fry v. Commissioner', payments by one S corporation to another under identical ownership were recorded as intercompany loans. Following issuance of a notice of deficiency premised on the shareholder's stock basis in the debtor corporation being insufficient to support the losses claimed by him, the petitioners were ultimately successful in persuading the Tax Court that the transfers should be recharacterized as distributions by one corporation to its shareholder, coupled with contributions by that shareholder to the other corporation.

By David E. Kahen and Elliot Pisem

9 minute read

February 14, 2024 | New York Law Journal

Decades ago, seniors purchased private long-term care insurance rather than rely upon their own savings or Medicaid. Many of them are now receiving letters raising their premiums to levels that they can no longer afford. They are offered a bewildering series of options including maintaining their coverage or reducing their benefits. The analysis is so complicated that many seniors are seeking advice from elder law attorneys.

By Daniel G. Fish

6 minute read