Patricia Kane

February 23, 2021 | New York Law Journal

Scott Mollen, a partner at Herrick, Feinstein, discusses "Omega SA v. 375 Canal LLC," where the landlord was hit with a $1.1 million statutory damage award based on on the building's connection with counterfeiting and trademark violations.

By Scott E. Mollen

14 minute read

February 23, 2021 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad Karp discuss the court's ruling in 'United States v. Ho', which "silenced post-'Hoskins' speculation that the Second Circuit would continue to narrow the scope of FCPA liability."

By Martin Flumenbaum and Brad S. Karp

7 minute read

February 23, 2021 | New York Law Journal

On July 31, 2020, Treasury released proposed regulations under Section 1061, and on January 7, 2021, Treasury finalized these regulations. The final regulations largely adopt the proposed regulations, but with some important modifications that are largely favorable to taxpayers.

By Ezra Dyckman and Charles S. Nelson

6 minute read

February 23, 2021 | New York Law Journal

In the last year or so, the Court of Appeals has issued five decisions in commercial cases by a 4-3 vote. In reviewing the identity of the judges on each side in the five cases, trends can be identified.

By Evan H. Krinick and Henry M. Mascia

8 minute read

February 22, 2021 | New York Law Journal

A decades-long trend of increased legal attention to business and human rights globally continued in 2020, albeit with mixed and incomplete results.

By Doug Cassel and Viren Mascarenhas

6 minute read

February 18, 2021 | New York Law Journal

Authors Joel Brandes and Chris McDonough pose the question whether Rudy Giuliani should be disciplined for his conduct relating to the Jan. 6 attack on the Capital and also his participation in frivolous lawsuits.

By Joel R. Brandes and Chris McDonough

10 minute read

February 17, 2021 | New York Law Journal

The actual process of ascertaining an individual's intentions regarding domicile—the crucial question in a residency audit—is a subjective inquiry for the auditor and often a difficult one.

By Alvan Bobrow

12 minute read

February 16, 2021 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Downtown New Yorkers Inc. v. NYC," where a petition to block New York City from Relocating homeless people from the Lucerne Hotel to the Radisson Hotel was dismissed, and "Ellis v. Town of E. Hampton," where adverse possession against government-owned land was denied.

By Scott E. Mollen

16 minute read

February 16, 2021 | New York Law Journal

In December, the Delaware Supreme Court issued an opinion in 'Amerisourcebergen Corp. v. Lebanon Cnty. Emps.' Ret. Fund'. In their Securities and Corporate Litigation column, Margaret A. Dale and Mark D. Harris discuss the decision, which continues the trend of granting broad inspection rights to stockholders seeking materials pursuant to §220 of the Delaware General Corporation Law and likely will affect companies responding to broad stockholder books-and-records demands.

By Margaret A. Dale and Mark D. Harris

7 minute read

February 16, 2021 | New York Law Journal

Adam Leitman Bailey and Dov Treiman discuss the Court of Appeals decision "Trustees of Columbia v. D'Agostino," where the court handed down a 4-3 decision with a new interpretation of the law of liquidated damages with regard to surrender agreements. The case, they contend, "rewrites the rules of when a tenant simply gives up on the space."

By Adam Leitman Bailey and Dov Treiman

12 minute read