Kylie Marshall

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

September 17, 2023 | New York Law Journal

The Fifth Amendment to the U.S. Constitution provides, in part, that no person shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment contains the same words. It prohibits the states from depriving any person of life, liberty or property, without due process of law.

By Joel R. Brandes

13 minute read

September 17, 2023 | New York Law Journal

In this article, Gregory Plotko and Marissa Higgins discuss in substance the most pressing issues for both landlords and tenants in the event of a WeWork bankruptcy filing under the U.S. Bankruptcy Code.

By Gregory Plotko and Marissa Higgins

8 minute read

September 17, 2023 | New York Law Journal

This article addresses the "Texas Two-Step" litigation strategy when it comes to bankruptcy and discusses whether this strategy of utilizing the Chapter 11 process to handle mass tort litigation claims is fair, effective and will survive the scrutiny of the courts.

By Stuart I. Gordon and Alexandria E. Tomanelli

7 minute read

September 17, 2023 | New York Law Journal

On Aug. 10, 2023, the U.S. Supreme Court stayed a decision of the U.S. Court of Appeals for the Second Circuit that held that nonconsensual third-party releases of direct claims against nondebtors are statutorily permitted under sections 105(a) and 1123(b)(6) of the Bankruptcy Code and that the court's case law allows for nonconsensual third-party claim releases in specific circumstances.

By Robert W. Dremluk

8 minute read

September 17, 2023 | New York Law Journal

An examination of the legal and regulatory implications around the investigations into lead-covered cables in various parts of the country including Wappingers Falls, New York—an investigation that was revealed in a recent Wall Street Journal series, which then prompted Department of Justice and EPA investigations, which are ongoing.

By John A. Sheehan

6 minute read

September 17, 2023 | New York Law Journal

This article explains a victim's restitution rights and the procedures for vindicating them, as well as the advantages a restitution application offers. It also explains how the restitution process works and highlights several cases that show the importance of a victim's ability to claim restitution.

By Seth Farber, Marcelo Blackburn and Sarah Viebrock

18 minute read