Kylie Marshall

September 10, 2023 | New York Law Journal

In this article, Edward K. Lenci highlights the McCarran-Ferguson Act and how federal circuit courts are presently split about whether it reverse-preempts the New York Convention.

By Edward K. Lenci

8 minute read

September 10, 2023 | New York Law Journal

Business succession planning for family-owned businesses requires solving a myriad of thorny issues and potential conflicts. This article presents approaches to some common governance, tax and technical hurdles families face when planning how to pass the business to the next generation.

By Christiana M. Lazo, Tony Ray Meyer Jr., Thomas H. Norelli and Maria L. Bourdeau

8 minute read

September 07, 2023 | New York Law Journal

This article discusses a recent case filed by a condominium unit owner that touches on concerns related to the use of outdoor space associated with a cooperative or condominium apartment, such as who actually owns the space and if costs associated with the use of outdoor space can be charged.

By Deborah Koplovitz and Andrew B. Freedland

5 minute read

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