Patricia Kane

February 16, 2021 | New York Law Journal

The combination of 2020's discovery reform, the COVID-19 pandemic, the speedy trial suspension and the growing wave of unindicted felony cases has created a perfect storm that is bound to have a profound impact on criminal caseloads and trials for months to come.

By Michael Miller and Jennie Shulkin

10 minute read

February 09, 2021 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the Court of Appeals foreclosure case "US Bank N.A. v. Nelson," and the Queens County landlord-tenant case "111-50 Realty Corp. v. Melgar."

By Scott E. Mollen

16 minute read

February 09, 2021 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella review ROFR challenges in New York which illustrate that courts honor the written intentions of the parties to a ROFR, but also uncovers that courts will fill gaps in drafting with certain default rules and will look for certain indicators of reasonableness.

By Peter E. Fisch and Salvatore Gogliormella

12 minute read

February 09, 2021 | New York Law Journal

The Biden Administration, Congress, the FOMB, and Puerto Rico need to work collaboratively to rectify the enormous problems that plague Puerto Rico. This article discusses the areas needing attention for a successful long-term economic development plan.

By Carlos J. Cuevas

7 minute read

February 08, 2021 | New York Law Journal

Nearly a decade since its rise to prominence, disputes are still occurring over whether and when TAR should be used, and courts are still turning to Sedona Principle 6 to resolve them.

By Matthew Verga

7 minute read

February 08, 2021 | New York Law Journal

In his Ethics and Criminal Practice column, Joel Cohen uses the Paul Manafort pardoning case as a backdrop to discuss the issue of how a cooperator's lawyer should/must conduct herself. He concludes: "The principal rule of engagement on this subject should be simple: is the disclosure in the best interests of that particular client?"

By Joel Cohen

9 minute read

February 05, 2021 | New York Law Journal

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

By Patricia Kane

2 minute read

February 05, 2021 | New York Law Journal

The increased use of litigation funding has resulted in more demand for disclosure of documents. This article examines recent cases concerning litigation finance discovery requests, which more often than not are rejected on relevancy grounds.

By Andrew R. Goldenberg

6 minute read

February 03, 2021 | New York Law Journal

New York's Dram Shop Act makes it illegal for commercial vendors to serve alcohol to persons, who are "visibly intoxicated" or under the age of 21. The majority of cases arise when an intoxicated patron leaves the establishment in a car and causes an accident. Liability is not limited, however, to accidents involving cars but has been extended to include boats, motorcycles, ATVs, and snowmobiles.

By Kenneth E. Pitcoff and Andrea M. Alonso

6 minute read

February 02, 2021 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the landlord-tenant case 'Avignone v. Valigorski.'

By Scott E. Mollen

9 minute read