Patricia Kane

May 25, 2021 | New York Law Journal

On March 31, in 'United States v. Felder', the U.S. Court of Appeals for the Second Circuit resolved three matters of first impression regarding the mens rea and causation requirements of the federal carjacking statute and joined six other circuits in identifying federal carjacking as a predicate crime of violence. In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the case and the court's ruling.

By Martin Flumenbaum and Brad S. Karp

7 minute read

May 25, 2021 | New York Law Journal

In his Patent and Trademark Law column, Rob Maier discusses Wi-LAN v. Sharp Electronics—a "cautionary tale for patent plaintiffs to do everything within your power, and then some, to ensure your evidence of infringement will not be excluded as hearsay."

By Rob Maier

9 minute read

May 25, 2021 | New York Law Journal

The FCC orders limit the ability of municipalities to regulate "small cell" wireless facilities needed for fifth generation (5G) wireless networks, but there are significant areas where local authorities may – and should – act. In his Zoning and Land Use Planning column, Anthony Guardino reviews the Ninth Circuit's decision in ' City of Portland v. Federal Communications Commission,' and discusses how one Long Island municipality has amended provisions of its village code to address small cells.

By Anthony S. Guardino

10 minute read

May 24, 2021 | New York Law Journal

Many practitioners are unaware that, this past February, the court system implemented new rules of practice for New York courts. Some of these rules significantly change the procedures governing court appearances, discovery and motion practice. In their Trial Practice column, Robert Kelner, Gail Kelner and Joshua Kelner discuss what they believe are the most important new rules.

By Robert Kelner, Gail Kelner and Joshua Kelner

11 minute read

May 21, 2021 | New York Law Journal

A look at the recent trend of judges of the Court of Appeals to use the holding in 'Lochner v. N.Y.' to challenge current holdings of the majority.

By Thomas F. Whelan

11 minute read

May 21, 2021 | New York Law Journal

The service will be held on Saturday, May 22 for Justice Winslow, who died on May 15.

By Patricia Kane

1 minute read

May 18, 2021 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Cretcher v. U.S. Bank N.A.," involving claims against a defendant bank for "negligence, trespass and private nuisance under New York state law, " and "Ng v. Ng," which involved a dispute between co-owners of a brownstone property where the plaintiffs' motion for partition and sale was granted.

By By Scott E. Mollen

15 minute read

May 18, 2021 | New York Law Journal

The Court of Appeals recently considered a unique provision of the New York State Constitution—the "Forever Wild" provision—in a case involving the construction of 27 miles of snowmobile trails in the Adirondack State Park. In their Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss the case and how the The majority/dissent split in it illustrates the problem created by unfilled vacancies on the court.

By Linton Mann III and William T. Russell Jr.

7 minute read

May 18, 2021 | New York Law Journal

In their Real Estate Financing column, Jeffrey Steiner and David Broderick discuss several topics that lenders should consider when making loans to mortgage borrowers that are indirectly funded using crowdfunded equity.

By Jeffrey B. Steiner and David Broderick

5 minute read

May 17, 2021 | New York Law Journal

The Supreme Court has granted certiorari to resolve the question of whether §1782 can be used in private arbitration. This article address three considerations that bear on the question before the Supreme Court that have not received the attention they deserve.

By John Fellas

13 minute read