Patricia Kane

Patricia Kane

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

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November 08, 2024 | New York Law Journal

Financial Disclosures in Prenups: The Legal, Personal, and Strategic Considerations

Though financial disclosure is not required by law in New York, it does make a prenup less likely to be legally challenged. However, the benefits are not just legal. In her article, Alyssa Rower  looks at the different "levels" of financial disclosure through various lenses: legal enforceability, psychological and emotional well-being, and negotiation considerations.

By Alyssa Rower

8 minute read

November 06, 2024 | New York Law Journal

Establishing the Prevailing Party; Failure To Comply With LLC Law; Takings Claim: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Inwood Gardens, Inc. v. Udoh," "Hull Unique Equities LLC v. Boone," and "Martinez v. Town of Clarkstown."

By Scott Mollen

15 minute read

November 06, 2024 | New York Law Journal

How New York Is Ethically Leveraging AI in the Courtroom

Andrew Wylie, Clinton County District Attorney, and Chief Desmond Racicot (Ret), senior director of business development at Cellebrite discuss the growth of the use of AI in digital investigations and how New York practitioners can leverage the tech to deliver justice in a swift yet ethical manner.

By Andrew Wylie and Desmond Racicot

8 minute read

November 05, 2024 | New York Law Journal

Hospitality Performance Tests: Fool's Gold?

Pryor Cashman attorneys Todd Soloway, Bryan Mohler and Itai Raz discuss how performance tests for hotel management function in the real world and look at recent case law interpreting these tests and the manners in which performance tests can and cannot provide additional protection to hotel owners.

By Todd E. Soloway, Bryan T. Mohler and Itai Y. Raz

8 minute read

November 04, 2024 | New York Law Journal

Attorneys 'On the Move': McGuireWoods Hires Digital Healthcare Lawyer; Duane Morris Adds Corporate Partner

And other announcements of recent hirings and promotions of New York attorneys.

By Patricia Kane

4 minute read

November 04, 2024 | New York Law Journal

FTC's New 'Click To Cancel' Rule Is Here, But Will It Survive Judicial Challenge?

Businesses that haven't adjusted click-to-cancel procedures face legal consequences. Andrew Lustigman and Morgan Spina discuss the impact on various industries, from subscription services to telemarketing companies and the legal compliance obligations associated with continuity programs.

By Andrew Lustigman and Morgan Spina

9 minute read

November 04, 2024 | New York Law Journal

First Department Attorneys Risk Suspension for Failing To Register

Attorneys have until December 4 to cure their default.

By Patricia Kane

2 minute read

November 01, 2024 | New York Law Journal

­What It Means To Have 'Joint Legal Custody'

"Educating our clients on the need to adapt to routine decisional absence may just be the ticket to ensuring that a newly developed joint custodial arrangement starts off on the right foot."

By Alan Feigenbaum

7 minute read

October 31, 2024 | New York Law Journal

Business Unusual: Recent Applications of New York's Business Judgment Rule

Although the business judgment rule provides broad protections, it is not absolute and can be overcome when directors' actions fall outside of the bounds of acceptable corporate behavior. In her article, Lara Flath looks at recent decisions by New York courts at various stages of litigation that reviewed allegations of self-dealing or self-interest on the part of defendants. 

By Lara Flath, Ian Maddox and Gaby Colvin

6 minute read

October 30, 2024 | New York Law Journal

Are Superfund Sites Ever Really Closed?

Superfund Sites are notorious for taking a long time to resolve. But are they ever really closed? Superfund settlements are intended to provide settling parties with finality. The incorporation of reopener clauses in Superfund settlement agreements, typically required by EPA, and changes in the regulation of contaminants can undermine this goal. EPA's recent decisions to list certain PFAS chemicals as hazardous substances, revise the risk evaluation for 1,4,-dioxane, and lower risk levels for lead have dramatically increased the likelihood that Superfund Sites across the country may be reopened.

By Jeffrey Talbert

10 minute read