Kylie Marshall

February 15, 2024 | New York Law Journal

In New York state, business entities formed or incorporated outside New York that meet the criteria of "doing business" in New York are classified as foreign business entities and are required to register to do business in New York. Both the New York BCL and the New York LLC Law provide that, without registering in New York, a foreign business entity does not have the legal capacity to bring suit in any New York state courts, although it can be sued in New York.

By Thomas J. Hall and Judith A. Archer

10 minute read

February 15, 2024 | New York Law Journal

There are too many instances of child welfare officials leaving children with their families when later catastrophic events suggest that a removal from that environment could have been protective, or even life-saving. However, the opposite is also true. And then, there are many cases when a child protective services worker is truly not sure what to do, but the system "errs on the side of caution" and removes a child from their family anyway.

By Daniel Pollack and Kathryn Krase

6 minute read

February 15, 2024 | New York Law Journal

While working toward a settlement, it is common for parties to email proposed terms and settlement amounts without necessarily expecting that their communications will be enforceable. 'Elysium Health v. ChromaDex' illustrates that settlement terms can be enforceable without a formal, executed agreement if the parties express mutual assent and intention to be bound.

By Thomas E. L. Dewey

7 minute read

February 14, 2024 | New York Law Journal

A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.

By Michael J. Hutter

11 minute read

February 14, 2024 | New York Law Journal

In 'Estate of Fry v. Commissioner', payments by one S corporation to another under identical ownership were recorded as intercompany loans. Following issuance of a notice of deficiency premised on the shareholder's stock basis in the debtor corporation being insufficient to support the losses claimed by him, the petitioners were ultimately successful in persuading the Tax Court that the transfers should be recharacterized as distributions by one corporation to its shareholder, coupled with contributions by that shareholder to the other corporation.

By David E. Kahen and Elliot Pisem

9 minute read

February 14, 2024 | New York Law Journal

Decades ago, seniors purchased private long-term care insurance rather than rely upon their own savings or Medicaid. Many of them are now receiving letters raising their premiums to levels that they can no longer afford. They are offered a bewildering series of options including maintaining their coverage or reducing their benefits. The analysis is so complicated that many seniors are seeking advice from elder law attorneys.

By Daniel G. Fish

6 minute read

February 13, 2024 | New York Law Journal

The legal universe is coated in general rules and principles but, as well known, general principles and rules have their individualized specific exceptions. This article examines such instances in appellate procedure.

By Elliott Scheinberg

13 minute read

February 13, 2024 | New York Law Journal

In this article, Andrew Longstreth of Infinite Global discusses one of the most valuable skills for new partners to develop that should not be overlooked: storytelling.

By Andrew Longstreth

7 minute read

February 12, 2024 | New York Law Journal

The federal government and Congress remain stalled on pragmatic issues and unable to address the novel question of Internet privacy. Unwilling to leave their citizen's privacy at risk, various states have jumped into the breach. On Jan. 16, 2024, New Jersey joined 12 other states by passing a comprehensive privacy law, New Jersey Senate Bill 332.

By Peter Brown

8 minute read

February 12, 2024 | New York Law Journal

In this article, Joel Cohen analyzes a case in the public eye that is still pending. It will hopefully provide a teachable moment in the context of an artificial intelligence mistake that many litigators may conceivably encounter.

By Joel Cohen

9 minute read