Kylie Marshall

September 07, 2023 | New York Law Journal

In this article, Sonia Bhasin discusses the use of continuation funds as a solution for private equity funds that are nearing or past their expiration date and have unrealized assets in their portfolio.

By Sonia Bhasin

5 minute read

September 07, 2023 | New York Law Journal

In his Election and Political Law column, Jerry H. Goldfeder addresses the ways in which the 2024 presidential election is already shaping up to be unlike any other in history.

By Jerry H. Goldfeder

5 minute read

September 06, 2023 | New York Law Journal

This column addresses how using artificial intelligence in the criminal justice system may be unfairly prejudicial to defendants and violates their constitutional right to effective assistance of counsel.

By Kerianne Morrissey

12 minute read

September 06, 2023 | New York Law Journal

On May 31, 2023, the New York Legislature passed a bill that would eliminate the requirement to notarize affidavits in civil lawsuits. The bill substantially changes how litigants can introduce witness testimony in New York, bringing it in line with federal courts and other jurisdictions that allow witnesses to offer sworn statements by declaring what they say is true "under penalty of perjury."

By Mylan L. Denerstein and Lee R. Crain

4 minute read

September 06, 2023 | New York Law Journal

In his Corporate Crime column, Evan T. Barr highlights how circuit courts are split on whether the government can invoke the relation back doctrine regarding substitute assets and how the resolution of that issue, which varies depending on the jurisdiction, affects the rights of innocent third parties.

By Evan T. Barr

11 minute read

September 06, 2023 | New York Law Journal

It has long been understood that if a building which is a multiple dwelling does not have a certificate of occupancy, the owner may not maintain a non-payment proceeding for the recovery of rent. Despite the seeming clarity of the rule, issues concerning a lack of this certificate have spawned considerable litigation, often leading to a surprising number of disparate and conflicting results.

By Nativ Winiarsky

11 minute read

September 05, 2023 | Law.com

The Eighth Circuit recently clarified the circumstances in which a treating physician who is offered to provide expert testimony as to the cause of a plaintiff's injury must submit an expert report in accordance with Federal Rule of Civil Procedure 26(a)(2).

By John M. Baker and Katherine M. Swenson

6 minute read

September 05, 2023 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. highlight the Cost on Appeals statute and discuss the fees and expenses associated with successfully asserting or defending one's rights on appeal.

By Thomas R. Newman and Steven J. Ahmuty Jr.

9 minute read

September 05, 2023 | New York Law Journal

A discussion of the critical issues that property owners and their counsel should be aware of at the outset of a federal civil forfeiture action.

By Jeffrey Lang and Luke Appling

19 minute read

September 01, 2023 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz addresses how some federal statues are enforceable under §1983 while others are not by focusing on the recent Supreme Court decision in the Health and Hospital Corp. of Marion County v. Talevski case.

By Martin A. Schwartz

9 minute read