Patricia Kane

January 26, 2021 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the decision in 'Tangreti', which offers "much-needed guidance on the pleading standard for §1983 claims against government supervisors."

By Martin Flumenbaum and Brad S. Karp

8 minute read

January 21, 2021 | New York Law Journal

In contrast with other Kennedy biographies which portrayed JFK as a dreamy, disorganized, underachiever, this book emphasizes the young Kennedy's obvious gifts. An intense curiosity, bookishness, a love of history and english along with intellectual creativity all distinguished him.

By Andrea M. Alonso

5 minute read

January 21, 2021 | New York Law Journal

In light of the recent appellate decision in 'Hewitt v. Palmer Veterinary Clinic', former Housing Court Judge George Heymann provides an update on his previous articles on the topic of "vicious propensities" and a landowner's duty of care.

By George M. Heymann

14 minute read

January 20, 2021 | New York Law Journal

In 'Loughlin v. Meghji', the court held that a provision of a commercial contract requiring the payment of double the amount of attorney fees expended by the "substantially prevailing party" in a litigation between the contracting parties is not an unenforceable penalty. While some may believe that this particular provision is, in fact, a penalty, the court's mode of analysis in reaching that result is the more important takeaway for commercial lawyers.

By Michael P. Regan

6 minute read

January 19, 2021 | New York Law Journal

Scott E. Mollen discusses the commercial landlord-tenant case "188 Ave. A Take Out Food Corp. v. Lucky Jab Realty Corp," and the construction case "Turner Constr. Co. v. Nastasi & Assoc."

By Scott E. Mollen

16 minute read

January 19, 2021 | New York Law Journal

During periods of distress in the real estate industry, when loans are being placed in default at a higher frequency, if a lender is not going to enter into a consensual workout or loan restructuring with their defaulted borrower, the lender will have the choice of either enforcing rights under the loan, or selling it. In their Real Estate Financing column, Jeffrey Steiner and David Broderick discuss two recent cases demonstrating the challenges lenders may face with each of these options.

By Jeffrey Steiner and David Broderick

6 minute read

January 15, 2021 | New York Law Journal

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

By Patricia Kane

3 minute read

January 15, 2021 | New York Law Journal

In addition to a 2018 ABA ethics opinion which outlines when law firms are ethically obligated to notify clients of data breaches jeopardizing the security of their confidential information, the California Bar Association has handed down additional guidance on the subject, which is helpful to all law firms.

By Jennifer Goldsmith, David Standish and Barry R. Temkin

9 minute read

January 14, 2021 | New York Law Journal

The current economic climate presents incentives for increased fraud as companies are making significant accounting and disclosure judgments and increased whistleblowing, as employees feel negative economic pandemic-related impacts. The current moment is ripe for investigations based on information from whistleblowers, and the authors provide insights on what every company needs to know now.

By Matthew C. Solomon and Sean X. McKessy

8 minute read

January 13, 2021 | New York Law Journal

This past year, New York saw the collapse of one major environmental initiative due to the pandemic, but the enactment of several important new environmental laws. In their Environmental Law column, Michael Gerrard and Edward McTiernan report on these developments and numerous other laws targeting environmental concerns in their annual survey.

By Michael B. Gerrard and Edward McTiernan

9 minute read