Kylie Marshall

December 01, 2023 | New York Law Journal

As 2023 draws to a close, we consider some of the decisions in the fourth quarter affecting the field of trusts and estates. Of particular note are the opinions discussed below addressed to such issues as contracts to make a will, in terrorem clauses and termination of trusts.

By Ilene Sherwyn Cooper

9 minute read

December 01, 2023 | New York Law Journal

SEC settlements are meant to serve a public good by providing clear guidance as to the rules of the road and the consequences of ignoring them. Yet SEC settlements often lack explanation as to how the civil monetary penalties were calculated per the statutory framework or why such penalties were appropriate under the circumstances.

By Michael J. Osnato Jr., Meaghan Kelly and Stephanie Hon

10 minute read

December 01, 2023 | New York Law Journal

The DOJ's Criminal Division issued three declinations since the issuance of the revised Corporate Enforcement Policy 11 months ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

By Jolie Apicella

6 minute read

December 01, 2023 | New York Law Journal

Because Congress has failed to enact modern legislation governing crypto assets, the DOJ, SEC and CFTC have been compelled to shoehorn their crypto-related fraud enforcement strategies into distinct schemes that are decades old. Predictably, the outdated and varied methodologies have returned mixed and contradictory results.

By Arthur Jakoby, Maxim Nowak and Joshua Schoch

9 minute read

November 30, 2023 | New York Law Journal

Legal finance is uniquely capable of enabling the integration of lateral lawyers or practice groups into firms by allowing lawyers to meld a firm's risk appetite with the client and case profiles new lawyers can bring to the party. For the same reasons, it's also uniquely suited to bridging emerging rifts in existing firms.

By G. Andrew Lundberg

6 minute read

November 30, 2023 | New York Law Journal

Leaving passengers stranded on a vessel in extremis is not only against maritime tradition, but the optics are very bad, particularly with a jury. The captain of the dive boat Conception recently learned this lesson the hard way.

By James E. Mercante

8 minute read

November 29, 2023 | New York Law Journal

When a defendant fails to serve an answer to a complaint, CPLR 3215 provides a mechanism for obtaining a judgment on default by motion. For corporate defendants, this process almost invariably hinges on commencement documents served upon the Secretary of State. But what happens when that office fails to perform its mandated function to promptly forward these documents, as it has admittedly continued to do?

By Michelangelo Macchiarella and ­Peter S. Sanders

8 minute read

November 28, 2023 | New York Law Journal

It was heartening to read the opinions in the 12 criminal appeals decided by the Court of Appeals on Nov. 21, at least nine of which had as their jurisdictional predicate a grant of leave by a judge of the Court of Appeals.

By Thomas R. Newman

2 minute read

November 28, 2023 | New York Law Journal

In recent years, law firms have taken on an increasing number of contingency cases—but doing so can be a gamble. Fee delays, risk of loss, soaring out-of-pocket costs and potentially going years without revenue are just a few of the risks. It can also lead to unusual volatility in firm revenue. So why are so many firms turning to litigation funding to mitigate these risks? This article examines the benefits and risks of litigation funding and addresses successful models in cost and risk sharing. It also compares how funding can be used successfully as a tool at different types of law firms.

By Paul Haskel

8 minute read

November 28, 2023 | New York Law Journal

This column discusses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment addresses two recent decisions dealing with claims based on transactions facilitated by Facebook Marketplace. The first is a decision by U.S. District Judge Mae A. D'Agostino denying Meta Platforms Inc.'s motion to dismiss for lack of personal jurisdiction and the second is a decision by U.S. District Judge Glenn T. Suddaby granting Capital One's motion to dismiss a class action complaint asserting claims for violation of the Electronic Funds Transfer Act and related common law claims.

By Adam R. Shaw and Jenna C. Smith

10 minute read