Kylie Marshall

September 20, 2023 | New York Law Journal

The 'Jefferies Group and Subsidiaries' case involved refund claims of over $10 million. While the Tax Division, among other challenges, objected to numerous positions taken on the corporate returns, the New York State Division of Tax Appeals rejected almost all claims made by the Tax Division.

By Joseph Lipari and Aaron Gaynor

10 minute read

September 20, 2023 | New York Law Journal

In his Corporate Securities column, Professor John Coffee discusses how in two SDNY decisions, each decided in July 2023, two respected judges have disagreed as to whether certain cryptocurrency instruments amount to securities.

By John Coffee

9 minute read

September 20, 2023 | New York Law Journal

An execution is a powerful judgment enforcement tool, but it should be employed cautiously with a full understanding of the right of the sheriff or marshal to collect poundage on a settlement.

By Bernard D'Orazio

6 minute read

September 20, 2023 | New York Law Journal

In their Cannabis column, Alex Malyshev and Sarah Ganley focus on some of the legal challenges faced by the Conditional Adult-Use Retail Dispensary licensing program and their corresponding effects on the rollout of New York's legal cannabis market.

By Alex Malyshev and Sarah Ganley

9 minute read

September 19, 2023 | New York Law Journal

In his March 2023 column, Curtis Leitner discussed how the trial court in 'Cresco' bucked the principle that damages from a breach of a preliminary "agreement to agree" are limited to out-of-pocket costs—however, the First Department reversed this decision in June. This column addresses that reversal.

By Curtis B. Leitner

8 minute read

September 18, 2023 | New York Law Journal

Intellectual property laws, including copyright, patent, trademark and trade secret laws, can provide avenues for companies to protect their intellectual property. But it's not always clear what assets are protectable and what are not.

By Stephen M. Kramarsky and John Millson

11 minute read

September 18, 2023 | New York Law Journal

In this installment of her Ask the Former Regulator column, Erica F. Buckley addresses the question of whether condominium unit owners or non-sponsor-controlled boards can sue sponsors under the Martin Act when they fail to follow through on what was promised.

By Erica F. Buckley

6 minute read

September 18, 2023 | New York Law Journal

In the first installment of this two-part Medical Malpractice Defense column, John Lyddane discusses the origin and historical development of the professional reliability exception to the general rule against hearsay. Its application to malpractice defense will be explored in the second installment.

By John Lyddane

7 minute read

September 17, 2023 | New York Law Journal

In this article, Richard J. Bernard and Roya Imani explore the challenges faced by U.S. debtors aiming to qualify for Chapter 15 recognition.

By Richard J. Bernard and Roya Imani

9 minute read

September 17, 2023 | New York Law Journal

US corporate bankruptcy filings are at the highest point since 2010, signaling a significant increase in bankruptcy activity for the first time since the legal finance industry emerged in the wake of the 2007-2008 financial crisis.

By Emily Slater

5 minute read