Patricia Kane

Patricia Kane

Patricia Kane is the Courts Editor for the New York Law Journal.

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July 10, 2024 | New York Law Journal

Supreme Court Radically Shifts Landscape for Administrative Enforcement

Milbank partners George Canellos and Tawfiq Rangwala and special counsel John Hughes discuss the real-world impact that "SEC v. Jarkesy" will have on SEC enforcement.

By George S. Canellos, Tawfiq S. Rangwala, and John J. Hughes, III

11 minute read

July 09, 2024 | New York Law Journal

Failure To Comply With RPAPL Article 13; Housing Discrimination: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Freedom Mortgage Corp. v. Thomas," and "Smith v. Davis."

By Scott Mollen

14 minute read

July 09, 2024 | New York Law Journal

Officially Unofficial: Who Qualifies as a 'Foreign Official' Under the Foreign Extortion Prevention Act?

Among the differences between the Foreign Corrupt Practices Act (FCPA) and is the Foreign Extortion Protection Act (FEPA) is the definition of a "foreign official." The FCPA definition is "any officer or employee of a foreign government or any department, agency, or instrumentality…or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality." The FEPA adds "any person acting in an unofficial capacity." What defines "unofficial capacity" is the focus of this article.

By Daniel Koffmann and Jonathan Acevedo

14 minute read

July 09, 2024 | New York Law Journal

Trends in Litigation, Part 3: Oral Contracts and Quasi-Contracts

Adrienne Koch's third in her a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. This article focuses on circumstances in which contractual or contract-like liability can arise even in the absence of a written contract, and the importance of a drafting approach to avoid surprises.

By Adrienne B. Koch

6 minute read

July 08, 2024 | New York Law Journal

Protecting Confidential Information and Trade Secrets Amid Layoffs and Weakened Non-competes

If non-compete agreements are officially banned and businesses are looking to avoid bureaucratic hurdles that come with patents, Joe Barber and Scott Frost discuss how companies can protect their trade secrets.

By Joseph Barber and Scott Frost

9 minute read

July 05, 2024 | New York Law Journal

A Continued Lack of 'Grace' in Legal Malpractice

Today in 2024, after a decade of discussing 'Grace v. Law,' author Andrew Bluestone re-surveys the field for Grace "likely to succeed" legal malpractice dismissals, finding the landscape "relatively unpopulated."

By Andrew Lavoott Bluestone

9 minute read

July 02, 2024 | New York Law Journal

Condominium Board's Authority; Sua Sponte Dismissal: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Mangold v. Board of Managers of Meadow Court Condominium," and "Wells Fargo Bank N.A. v. Louis."

By Scott Mollen

18 minute read

July 02, 2024 | New York Law Journal

Setting the Law Straight: Cyber Breach Fallout Is Not Just a Tech Problem

Calling IT immediately after a cyber breach is a knee-jerk reaction, and a smart one at that. But what about the aftermath? Who do you call next? This article discusses the importance of notifying legal early in the process.

By Rebecca L. Rakoski and Patrick D. Isbill

10 minute read

July 02, 2024 | New York Law Journal

Lenders Blasted for 90-Day Notice (With One Saving Grace)

While lenders and servicers with New York portfolios should long have been exceptionally familiar with the requirement, such presumed awareness nonetheless seems to little diminish the constant—often fatal losses suffered.

By Bruce J. Bergman

9 minute read

June 28, 2024 | New York Law Journal

Email Exchanges in Divorce Litigation Carry Immense Risk

Alan Feigenbaum, partner at Blank Rome, writes: As divorce lawyers, we must choose our words carefully, particularly in emails. The J.G. decision is a reminder that how we choose our words can carry enormous consequences in the outcome of a matrimonial case.

By Alan Feigenbaum

7 minute read