Patricia Kane

March 15, 2021 | New York Law Journal

In his Medical Malpractice column, John L.A. Lyddane writes that the error in judgment defense "is as valuable as it ever was in protecting the physician defendant from the other 'experts' in the profession who are retained for second guessing."

By John L.A. Lyddane

8 minute read

March 15, 2021 | New York Law Journal

A discussion of §6501, "buried in" the the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 which authorizes the SEC to seek disgorgement of unjust enrichment within 10 years for certain securities law violations, and five years for others. The authors argue that while Congress may have intended the provision to "free the SEC from the limits imposed by two High Court decisions, a close reading of it reveals that the legislation fell short of its mark."

By Sarah Aberg and Chris Bosch

8 minute read

March 12, 2021 | New York Law Journal

The National Defense Authorization Act became law on Jan. 1, 2021, after the U.S. Congress overrode a presidential veto. Division F of the act is the "Anti-Money Laundering Act of 2020." In her International Banking column, Kathleen Scott highlights a few of the AMLA provisions that may be of interest to international banks.

By Kathleen A. Scott

10 minute read

March 11, 2021 | New York Law Journal

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

By Patricia Kane

3 minute read

March 10, 2021 | New York Law Journal

Both the Julian Assange and Lauri Love cases provide a backdrop for this discussion on the international criticism of the conditions in U.S. prisons which has recently "taken on a new significance as defendants have sought to avoid extradition to the United States by arguing that it would drive them to suicide, in substantial part due to the brutal nature of U.S. prisons."

By Max Nicholas and Cynthia Chen

7 minute read

March 09, 2021 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses three commercial landlord-tenant cases: "138-77 Queens Blvd LLC v. QB Wash LLC," "Daval 37 Assocs. LLC v. Alamoda Fascination LLC," and " RPH Hotels 51st St. Owner LLC v. HJ Parking."

By Scott E. Mollen

16 minute read

March 09, 2021 | New York Law Journal

This article discusses the New York State Court of Appeals decision in 'Trustees of Columbia Univ. v. D'Agostino Supermarkets,' where the court found unenforceable certain liquidated damages for breach of a settlement agreement.

By Michael Samuels, Robert Lillienstein, Richard Strauss and Corey Rashkover

5 minute read

March 09, 2021 | New York Law Journal

This is the third and last in a series of articles dealing with construction management agreements. Here, the authors discuss the liability of construction managers during the construction phase of the project.

By Kenneth M. Block and Joshua M. Levy

6 minute read

March 08, 2021 | New York Law Journal

The temporary suspension of early termination has sent a shockwave through the business and legal community. The FTC and DOJ's joint announcement was unprecedented, unexpected and its effects are only starting to be realized. Will this move be a sign of broader changes to come from the new administration or a temporary move that will soon be forgotten? Karen Hoffman Lent and Kenneth Schwartz discuss in this edition of their Antitrust Trade and Practice column.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

March 08, 2021 | New York Law Journal

The pandemic has created a financial nightmare for federal and state housing authorities who are being mandated to upgrade, improve infrastructure, and maintain service, all while dealing with a dramatic drop in revenue. One solution has been for these authorities to partner with private sources of equity.

By Miriam R. Milgrom

5 minute read