December 15, 2020 | New York Law Journal
Self-Help Eviction in 2020/2021Fifteen years after their article, "Self Help Evictions: The Neglected Commercial Remedy," Adam Leitman Bailey and John Desiderio address and update the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.
By Adam Leitman Bailey and John M. Desiderio
11 minute read
December 14, 2020 | New York Law Journal
The Anti-Deprivation Rule in Canadian Common LawAn analysis of the Canadian case "Chandos Construction Ltd. v. Deloitte Restructuring" which should be of interest to U.S. and other global commercial actors who plan to do business in Canada and need to structure their transactions and contracts in accordance with what is now the new law of the land.
By Shmuel Vasser and Yehuda Goor
8 minute read
December 10, 2020 | New York Law Journal
'Gas-lighting' in Matrimonial CasesThere is an esoteric issue "below the radar" which is becoming commonplace in matrimonial cases, but which courts and lawyers are only beginning to understand. It is referred to as "gas-lighting" or the manipulation of a psychological strategy that causes a spouse to believe that they are losing their minds.
By Thomas F. Liotti and Lucia Maria Ciaravino
9 minute read
December 10, 2020 | New York Law Journal
Use Zoom, Lose Trade Secrets. Yikes!As the increased use of new technologies, such as Zoom, become more popular, the security challenges become more pressing. This article discusses the challenge of securing trade secrets in a remote, work-from home environment.
By Milton Springut
11 minute read
December 08, 2020 | New York Law Journal
Three Areas Still Confusing the Statute of Limitations: Acceleration Letters, Complaints and DiscontinuancesIn his foreclosure column, Bruce Bergman discusses three questions still causing confusion when dealing with acceleration and the statute of limitations: (1) What language actually constitutes an acceleration? (2) Does the filing of a foreclosure complaint evince an acceleration? And (3) does discontinuance of a prior foreclosure revoke an acceleration?
By Bruce J. Bergman
10 minute read
December 08, 2020 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "The Shack Collective Inc. v. DeKalb Market Hall," "Cook v. Fairfax Mgmt Corp.," and "631 Edgecombe, LP v. Walker."
By Scott E. Mollen
14 minute read
December 04, 2020 | New York Law Journal
Preliminary Injunctions To Enjoin UCC Foreclosures Amid the PandemicAn analysis of decisions which reflect a marked change in how courts have addressed attempts to enjoin UCC foreclosures in connection with the COVID-19 pandemic.
By Janice Mac Avoy, Matthew D. Parrott, Justin J. Santolli and Shira Sandler
10 minute read
December 03, 2020 | New York Law Journal
Soyun Park Joins Sheppard Mullin from Winston & StrawnAnd other announcements of recent hirings and promotions of New York attorneys.
By Patricia Kane
4 minute read
December 03, 2020 | New York Law Journal
Negligent Hiring and Credentialing in Medical Malpractice DefenseDuring discovery, it may be determined that claims for negligent hiring, retention, supervision, and credentialing extend liability to entities which were not initially identified as parties. In his Medical Malpractice column, John Lyddane shows how understanding the parameters of such liability under New York law could be of importance to all counsel representing litigants in malpractice cases.
By John L.A. Lyddane
8 minute read
December 03, 2020 | New York Law Journal
No Budget Cuts—Judges Are Already Taking a Death GambleAn argument to amend Section 60 of New York's Retirement and Social Security Law to protect our judges and other state workers and their families.
By Lisa Zeiderman
5 minute read