Kylie Marshall

January 30, 2024 | New York Law Journal

The Second Circuit, in a rare en banc ruling, unanimously held that plaintiffs alleging discriminatory treatment in violation of Title IX had sufficiently alleged an injury-in-fact for standing purposes. But the court diverged on a number of other standing issues. The splintered nature of the court's opinions illustrates the underlying tension between ensuring access to courts and enforcing appropriate limitations on judicial power.

By Martin Flumenbaum and Brad S. Karp

8 minute read

January 30, 2024 | New York Law Journal

On Jan. 1, 2024, the Biden administration's DOL issued its final regulation on who is an employee versus who is an independent contractor. The regulation rescinds the Trump administration rule because, according to the administration, it emphasized two factors in a manner unsupported by the agency's traditional multifactor view and case law, and was inconsistent with the DOL's emphasis on "economic dependence" as a principal guidepost.

By Samuel Estreicher

6 minute read

January 29, 2024 | New York Law Journal

In this article, Katherine B. Forrest describes some of the academic papers and research regarding MLLMs before moving on to legal and other important issues that are similar between LLMs and MLLMs, those that are different but obvious improvements, and those that should cause us to watch developments in this area carefully.

By Katherine B. Forrest

9 minute read

January 29, 2024 | New York Law Journal

On Dec. 12, 2023, MAPS PBC, now Lykos Therapeutics, announced their submission of a New Drug Application to the FDA for MDMA in combination with psychotherapy for the treatment of post-traumatic stress disorder.

By Lisa L. Smith, Eric M. Kraus and Julia M. Markov

7 minute read

January 26, 2024 | New York Law Journal

On Dec. 29, 2023, the Office of the Chief Counsel of the IRS released Chief Counsel Advice Memorandum 202352018 (the CCAM). Although some have commented on the CCAM's impact on trust modifications, a further question is what impact, if any, will the CCAM have on trust decantings in New York?

By Joseph T. La Ferlita and Nicholas G. Moneta

8 minute read

January 26, 2024 | New York Law Journal

In the annals of family business succession planning, this article discusses some clever, albeit flawed, attempts to transfer ownership interests in a mature enterprise to family members while avoiding the transfer tax toll.

By Jeffrey A. Galant

8 minute read

January 26, 2024 | New York Law Journal

In this article, Sharon L. Klein highlights the top 10 developments, lessons and reminders out of the trusts and estates field from the previous year.

By Sharon L. Klein

19 minute read

January 26, 2024 | New York Law Journal

This article discusses the background of the Corporate Transparency Act, its legislative framework and definitions, and—specific to the trusts and estates arena—what issues might arise with respect to reporting an ownership interest held in a trust.

By Juliya L. Ismailov

9 minute read

January 26, 2024 | New York Law Journal

Transferring assets to an intentionally defective grantor trust (IDGT) is a potentially powerful estate planning technique, allowing an individual to pass significant value to his or her intended beneficiaries transfer tax-free.

By Alison Powers Herman and Karen T. Schiele

8 minute read

January 26, 2024 | New York Law Journal

Marriages may be made in heaven but, in the courts of the state of New York, marriages are treated as economic partnerships. There are three economic aspects to this partnership: equitable distribution, maintenance and child support. Trust law and matrimonial law intersect on all three.

By David I. Faust

8 minute read