MP McQueen

July 17, 2018 | New York Law Journal

An example from the early '90s offers some perspective on the subject of the looming confirmation battle of a Supreme Court nominee. The name of then-Governor Mario M. Cuomo was floated, and after a short tease, disappeared into an historical footnote. What happened?

By Joseph W. Bellacosa

5 minute read

July 16, 2018 | New York Law Journal

Judge Keating, who also was credited with creating the first community court in the U.S. for low-level and drug offenses, died on July 14 at age 76, according to Fairchild Sons Funeral Home in Garden City, N.Y.

By MP McQueen

5 minute read

July 16, 2018 | New York Law Journal

Justice Barry Ostrager's holding in the HH Cincinnati case is highly significant. It represents the first written decision under New York law expressly confirming that when parties to complex commercial real estate financing transactions decide to include both a real property mortgage and a pledge of UCC security interests as collateral for the loan, the lender's right to enforce its remedies pursuant to either security interest will be fully enforced.

By Janice Mac Avoy, Matthew D. Parrott, Cynthia Luo

1 minute read

July 13, 2018 | New York Law Journal

California's new Consumer Privacy Act of 2018 will likely have a significant impact on core business operations. That's true whether your business is based in New York, Europe or Asia.

By Emily Tabatabai, Antony Kim and Jennifer Martin

7 minute read

July 12, 2018 | New York Law Journal

As a result of the potential consequences and risks to both debtors and creditors posed by Momentive, there still remain significant opportunity and reasons for why parties should look for consensual resolutions outside of the courtroom when presented with cramdown issues.

By James H.M. Sprayregen and Madeleine C. Parish

10 minute read

July 11, 2018 | New York Law Journal

In every hearing to determine domestic violence, a court is faced with the dilemma of whether to grant or deny protection to a named plaintiff. Each state uses a different standard of proof, but the procedures are similar. Presenting a good case may positively affect later child custody decisions and distribution of assets where there is a civil case for damages.

By Toby Kleinman and Daniel Pollack

1 minute read

July 10, 2018 | New York Law Journal

What can other employers learn from Starbucks' recent highly publicized troubles over the arrest for trespassing in Philadelphia of two African-American men who were waiting for a friend? The men were arrested and jailed for several hours before they were released without charges.

By Robert G. Brody and Lindsay M. Rinehart

9 minute read

July 09, 2018 | New York Law Journal

Part I, yesterday, began the analysis of whether standing has a jurisdictional impact by examining the epicenter of appellate review, the doctrine of preservation, standing, subject matter jurisdiction, and the treatment of standing in the First Department. Part II continues the analysis.

By Elliott Scheinberg

14 minute read

July 06, 2018 | New York Law Journal

This article argues that the most recent pronouncements from the Court of Appeals advance the conclusion that standing is jurisdictional, albeit, plainly, not subject matter, may not be waived, and may be raised for the first time on appeal.

By Elliott Scheinberg

5 minute read

July 05, 2018 | New York Law Journal

Three books were recently published that help in the broad assessment of where President Trump's policies fit into U.S. political and international history. The fit is not good.

By Stuart S. Malawer

8 minute read