July 16, 2024 | New York Law Journal
Financing Property of Not-For-Profit and Religious CorporationsThe world of nonprofits represents a wide range of causes and there are different requirements that must be satisfied in connection with such real estate transactions, depending on an organization's purpose and the specifics of the deal. In their Real Estate Financing column, the Jeff Steiner, Scott Weinberg and Tim Swearingen discuss the requirements.
By Jeffrey B. Steiner, Scott A. Weinberg and Tim Swearingen
6 minute read
July 15, 2024 | New York Law Journal
'Fraud in the Inducement': Is It 'Right To Control' by Another Name, Or Is It Wire Fraud?A discussion of the Supreme Court's recent granting of certiorari in 'Kousisis v. United States,' involving the fraudulent inducement theory of mail and wire fraud.
By Paul Tuchmann
8 minute read
July 12, 2024 | New York Law Journal
Put a Ring On It or Ask for It Back? Conditional Gifts in New York StateA recent episode of the popular show on Bravo, Summer House invited viewers to look at one aspect of New York law more closely: if a couple breaks up before getting married, who is entitled to keep the engagement ring?
By Louisa DeRose and Jamie Caponera
7 minute read
July 11, 2024 | New York Law Journal
SEC v. Crypto: With the Battle Lines Drawn, Who Has the Advantage?In the past year, a number of courts have issued significant rulings in the SEC's high-profile crypto enforcement actions. Far from bringing the necessary regulatory clarity the crypto industry has been seeking, these rulings have been inconsistent and have left even more open questions. Both the SEC and the industry now have ammunition for their respective legal positions, but who has the better argument?
By Ladan Stewart
14 minute read
July 10, 2024 | New York Law Journal
Court NotesDaily update of news and information coming from the New York Courts and Bar Associations.
By Patricia Kane
1 minute read
July 10, 2024 | New York Law Journal
Supreme Court Radically Shifts Landscape for Administrative EnforcementMilbank 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 DigestScott 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-ContractsAdrienne 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-competesIf 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
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