February 29, 2024 | New York Law Journal
Supreme Court To Decide Scope of Key Federal Corruption StatuteSection 666 of Title 18 has become one of the most important legal tools used in the federal prosecution of state and local corruption. It will soon be taken up by the Supreme Court. This article discusses another important federal anti-corruption statute, 18 U.S.C. §201. It then describes the competing interpretations of Section 666 and concludes with comments on the implications of a Supreme Court decision in 'United States v. Snyder'.
By Elkan Abramowitz and Jonathan Sack
10 minute read
February 29, 2024 | New York Law Journal
Issues Under the Corporate Transparency Act for TrustsOn Jan. 1, 2024, the Corporate Transparency Act (CTA) came into force, requiring the vast majority of small limited liability companies, corporations…
By Andrew Shore
9 minute read
February 29, 2024 | New York Law Journal
The CFPB Limits Intra-Agency Appeal RightsThe CFPB adopted a new intra-agency appeals process on Feb. 22, 2024. While the CFPB described its new rules as resulting from its review of revisions that other regulators have made to their intra-agency appeals processes over the past decade, the rules are most noteworthy for how they deny rights that other regulators of financial institutions provide.
By Jeffrey Alberts
7 minute read
February 28, 2024 | New York Law Journal
NYS Proposed Bill To Require Enhanced Public Participation Plans for Major Projects: Will It Pass This Time Around?Last year, New York Senator Jessica Ramos introduced S. 2510-A, which would require all major projects located in or adjacent to a "disadvantaged community" to submit a written enhanced public participation plan to NYSDEC as part of the proposed project's permitting process. This article summarizes the bill's requirements and explores both the benefits and drawbacks of the bill as currently drafted.
By Gail Suchman, Eva Schneider and Samuel Zarkower
6 minute read
February 28, 2024 | New York Law Journal
CPLR 2106 Amended To Permit Any Person To Submit Affirmation in Lieu of AffidavitIn the first of this two-part New York Practice column, Patrick M. Connors discusses how, effective Jan. 1, 2024, CPLR 2106 was substantially amended to allow any person to submit an affirmation in lieu of an affidavit, "with the same force and effect." This is one of the most significant changes to the CPLR in the 21st century and will impact many areas of practice.
By Patrick M. Connors
11 minute read
February 27, 2024 | New York Law Journal
A Career-Ending Collision at SeaIn his Admiralty Law column, James E. Mercante discusses the collision between Navy warship USS John S. McCain and oil and chemical tanker Alnic MC, as well as the trial that followed in the Southern District of New York.
By James E. Mercante
9 minute read
February 27, 2024 | New York Law Journal
'The Resource Group International v. Chishti'In 'The Resource Group International v. Chishti', the Second Circuit considered the propriety of a pending arbitration and whether being improperly forced to arbitrate can satisfy the requirements for a preliminary injunction. It vacated and remanded the district court's order denying a motion for preliminary injunction that would have stayed the arbitration.
By Martin Flumenbaum and Brad S. Karp
8 minute read
February 26, 2024 | New York Law Journal
Special Computer Skills and the Federal Sentencing Adjustment of U.S.S.G. §3B1.3In his Cyber Crime column, Peter A. Crusco discusses how courts define a special skill and how that adjustment may impact a defendant who utilized his computer skills to facilitate the commission of the offense for which he stands convicted.
By Peter A. Crusco
9 minute read
February 26, 2024 | New York Law Journal
The Future of Wills in New YorkIt is well established law in New York that to be valid, a will, with minor exceptions, must be in writing. It appears this is about to change. A bill has been introduced in the New York Assembly, which adds a new Part 6 authorizing "electronic wills" to Article 3 of the Estates, Powers and Trusts Law.
By Renee R. Roth and William P. LaPiana
11 minute read
February 23, 2024 | New York Law Journal
New York Court Ruling Holds No Private Right of Action for Pay Frequency ClaimsTwo recent events may mark the end of the "frequency-of-pay" litigation that has hit New York employers in recent years. It is important to look at the background surrounding the uptick in pay frequency claims, the Second Department's decision and Governor Hochul's Executive Budget Proposal, as they could have major implications for employees and employers in the years to come.
By Allen A. Shoikhetbrod and Jared Cook
6 minute read
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