Patricia Kane

March 25, 2021 | New York Law Journal

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

By Patricia Kane

3 minute read

March 24, 2021 | New York Law Journal

In their International Litigation column, Lawrence Newman and David Zaslowsky discuss a recent study by a task force of the Commission on Arbitration and ADR of the International Chamber of Commerce, "The Accuracy of Fact Witness Testimony in International Arbitration," which focuses on one aspect of witness testimony—the accuracy of witness memory as to facts.

By Lawrence W. Newman and David Zaslowsky

8 minute read

March 23, 2021 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Tumayeva v. Oceana Condo" where a prospective buyer's breaches of contract and fiduciary duty claims were dismissed, and "111 Fulton St. Investors v. Fulton Quality Foods, where the court rejected a tenant's defenses of casualty and eminent domain clauses in the lease for default.

By Scott E. Mollen

14 minute read

March 23, 2021 | New York Law Journal

In their Second Circuit Review , Martin Flumenbaum and Brad Karp discuss 'Cavello Bay Reinsurance v. Shubin Stein,' an opinion which "continues the Second Circuit's trend of taking a narrow approach to the extraterritorial reach of the federal securities laws."

By Martin Flumenbaum and Brad S. Karp

8 minute read

March 23, 2021 | New York Law Journal

Native American tribes seeking to develop their land or control how it is used are finding that New York courts are becoming more and more involved in resolving the disputes that arise.

By Anthony S. Guardino

9 minute read

March 22, 2021 | New York Law Journal

In their Trial Practice column, Robert Kelner and Gail Kelner discuss New York's zone of danger rule, which imposes liability for the infliction of emotional distress arising from the observation of harm to a third person and "has always been a strained doctrine under New York law." The discuss the rule in light of a recent Court of Appeals decision.

By Robert S. Kelner and Gail S. Kelner

13 minute read

March 19, 2021 | New York Law Journal

The authors discuss their opinion that with the ever-increasing use of inter vivos trusts, the time has come for EPTL 3-3.5 to be amended to include safe harbor provisions that apply to both wills and trusts.

By Ross Katz and Sanford J. Schlesinger

12 minute read

March 17, 2021 | New York Law Journal

With the change in political control in Washington, what changes are on the horizon and what estate tax planning should be done early in 2021 for those high net worth individuals who have not used all of their available exemption?

By Hollis F. Russell, Gail W. Marcus, Barbara A. Sloan and T. Randolph Harris

8 minute read

March 16, 2021 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses two foreclosure cases: "Bridgecity Capital QOB v. 1717 E. 8 St. LLC," and "NYCTL 2016-A Trust v. Neighborhood Youth & Family Services."

By Scott E. Mollen

12 minute read

March 16, 2021 | New York Law Journal

One recent decision issued by New York's Appellate Division, Second Department, though favorable to the senior mortgage lender, highlights the consequences that may result should a lender fail to exercise caution when modifying their mortgage loans. In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg discuss the decision in "Commodore Factors Corp. v. Deutsche Bank Natl. Trust Co."

By Jeffrey B. Steiner and Scott A. Weinberg

7 minute read