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Kylie Marshall

Kylie Marshall

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May 09, 2024 | New York Law Journal

Primer on Commercial Real Estate Loan Workouts and Right-Sizing, Part II

This two-part series examines several options for the commercial real estate loan in distress. As the second installment of this series, this article identifies and examines a more creative approach, one which right-sizes the loan and the underlying real estate and resets value for today's market.

By Richard S. Fries

11 minute read

May 09, 2024 | New York Law Journal

Trafficking Claims, Repatriation Request and Indictment Dismissal Denied

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Ann M. Donnelly denied a motion to dismiss a complaint alleging claims of forced labor and trafficking and, in a second, unrelated matter, denied a mother's petition under the Hague Convention to repatriate her child to England. Chief Judge Margo K. Brodie denied defendants' motion to dismiss the indictment against them or for an in camera review of the grand jury minutes.

By Samuel Butt and John Moore

8 minute read

May 08, 2024 | New York Law Journal

Warning: Petitioners Can Be Personally Liable for Guardianship Fees

Counsel to petitioners in guardianship matters should specifically advise clients that they may be personally liable for the fees of court appointees.

By Daniel G. Fish and Paige Dubicki

7 minute read

May 07, 2024 | New York Law Journal

Amendment to Recent Appellate Practice Column

Elliott Scheinberg makes an amendment to his recent Appellate Practice column, "Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)," which the New York Law Journal published on May 1, 2024.

By Elliott Scheinberg

3 minute read

May 07, 2024 | New York Law Journal

'Bazdaric', the 'Integral to the Work' Defense and the 'Slippery Condition' Provision of Industrial Code 23

In his Construction Accident Litigation column, Brian J. Shoot focuses on a single Court of Appeals ruling, 'Bazdaric v. Almah Partners', and the two issues that were presented in that case.

By Brian J. Shoot

14 minute read

May 07, 2024 | New York Law Journal

Fourth Circuit Upholds Denial of Trademark Registration for Timberland Boot Design

On April 15, 2024, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision denying trademark registration to TBL Licensing LLC for its Timberland boots.

By Catherine Nyarady and Crystal Parker

9 minute read

May 06, 2024 | New York Law Journal

Cyber Incident Reporting for Critical Infrastructures: CISA Proposed Rule

This article focuses on the requirements of CISA's proposed cyber incident reporting rule, the compliance requirements for covered entities and the steps entities can take to protect themselves.

By Mark A. Berman, Jessica L. Copeland and Victoria M. Okraszewski

9 minute read

May 06, 2024 | New York Law Journal

Legislative Relief for Ground Lease Cooperatives: The Next Phase of Rent Regulation

Cooperative corporations and their shareholders allege that they are subjected to unpredictable and frequently significant rent increases when ground rents reset.

By Deborah E. Riegel

8 minute read

May 06, 2024 | New York Law Journal

The Social Media State Action Decision

Although Section 1983 and the Fourteenth Amendment draw a dichotomy between state action and private action, the real world is much messier than that. In 'Lindke v. Freed', the U.S. Supreme Court in a unanimous decision provided guidance for determining when a state or local official's social media activities constitute state action.

By Martin A. Schwartz

10 minute read

May 03, 2024 | New York Law Journal

Punishment for Civil Contempt

In an action for divorce, a court of record has the power to punish a spouse for contempt where he or she defaults in paying any sum of money required by the judgment or order. It may also punish a spouse for contempt where he or she disobeys any lawful mandate of the court.

By Joel R. Brandes

19 minute read