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MP McQueen

MP McQueen

MP McQueen is editor-at-large, and can be reached at [email protected]

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June 21, 2018 | New York Law Journal

U.S. Supreme Court Confirms That, When a Court Interprets Foreign Law, There Is No Secret Password

The U.S. Supreme Court rejected the Second Circuit's ruling on June 14 and held that foreign governments are not entitled to absolute deference on the construction of their own laws. [Animal Science Products v. Hebei Welcome Pharmaceutical Co., No. 16-1220.]

By Dennis H. Hranitzky, Michael H. McGinley and May Chiang

2 minute read

June 20, 2018 | New York Law Journal

New York DFS Fines Deutsche Bank $205M for Foreign Exchange Trading Conduct

The New York Department of Financial Services imposed the big civil penalty as part of a consent order with Frankfurt, Germany-based Deutsche Bank for violating state banking laws in its foreign exchange trading business, the department announced on Wednesday.

By MP McQueen

3 minute read

June 20, 2018 | New York Law Journal

What Is 'Clear and Convincing' Evidence in SORA Hearings?

A person adjudicated as a moderate or high risk must register as a sex offender for the rest of his life, with his photograph, address and other personal information made publicly available on the Internet Sex Offender Registry. Given the dire lifetime consequences of being publicly labeled a sex offender, the SORA statute requires the People to prove the facts underlying the risk level adjudication by clear and convincing evidence.

By Lorca Morello

9 minute read

June 19, 2018 | New York Law Journal

'Sole Discretion' Provisions and the Implied Covenant of Good Faith and Fair Dealing

Despite its regular appearance in briefs and opinions, the implied covenant of good faith and fair dealing has produced a significant amount of confusion among courts and litigants. Such confusion has been particularly acute in the context of agreements providing one party with sole discretion to act (or not act) in a particular manner.

By Alexander C. Drylewski

10 minute read

June 18, 2018 | New York Law Journal

NY Department of Financial Services Grants Cryptocurrency License to Square

The state's top financial regulator said that the company founded by Twitter Inc. CEO Jack Dorsey had obtained the license giving New York residents the ability to buy and sell bitcoin through its Cash App.

By MP McQueen

2 minute read

June 18, 2018 | New York Law Journal

The Hierarchy of Parentage: The Evolving Concept of Family in New York

A recent decision on appeal to the Appellate Division, First Department (K. v. C.) suggests that a hierarchy exists to parental creation whereby biology sits at the top of the ladder and the Court of Appeals' recently devised preconception agreement rests at its lowest rung.

By Eric Wrubel

10 minute read

June 15, 2018 | New York Law Journal

Punitive Damages for Violations of the Automatic Stay: Bankruptcy Code 362(k)

Bankruptcy Code Section 362(k) authorizes the imposition of punitive damages for a willful violation of the automatic stay. In determining whether to impose punitive damages, several bankruptcy courts have identified five factors to guide their decision.

By Carlos J. Cuevas

9 minute read

June 14, 2018 | New York Law Journal

Bitcoin, Blockchain and Smart Contracts: Commercial Law Is About to Be Disrupted

New distributed blockchain technology-enabled systems have been developed—and are rapidly gaining acceptance—that will fundamentally change the way many commercial transactions are conducted. Lawyers, bankers and other professionals must adapt.

By Philip C. Berg

11 minute read

June 11, 2018 | Corporate Counsel

These Companies and Trade Groups Spent Millions Lobbying on Net Neutrality

As the Federal Communications Commission considered repealing net neutrality under new FCC chairman Ajit Pai last year, telecom and tech companies, internet service providers and consumer and open-internet advocacy groups poured millions of dollars into lobbying the commission and members of Congress, spending that continued into the first quarter of 2018. Here are some law firms that benefited.

By MP McQueen

7 minute read

June 06, 2018 | The American Lawyer

Your Law Firm is Paying You $190K Right Out of Law School. Now What?

Even as associate salaries climb, lawyers are seeing pensions shrink and the promises of partnership fade.

By MP McQueen

6 minute read