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Patricia Kane

Patricia Kane

Patricia Kane is the Courts Editor for the New York Law Journal.

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September 30, 2020 | New York Law Journal

Election Procedures: New York Should Lead the Way

In the wake of the Wisconsin Supreme Court decision and other election cases pending nationwide, a discussion of how these cases should be resolved as New York has done: by strictly complying with state election laws.

By Sol Wachtler

5 minute read

September 29, 2020 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "City View Towne Crossing Shopping Center Fort Worth Tx. L.P. v. Aissa Med'l Resources," a breach of contract case where a shopping center lease dispute was remanded to NYS Supreme Court.

By Scott E. Mollen

11 minute read

September 29, 2020 | New York Law Journal

Construction Management Agreements: Scheduling

This is the second in a series of articles dealing with construction management agreements. In this article the authors address scheduling—the key to a successful project

By Kenneth M. Block and Joshua M. Levy

6 minute read

September 29, 2020 | New York Law Journal

Little-Known Bank Regulations Have Globally Changed Creditor Rights

The actions by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, in issuing regulations that address the problem that arose in Lehman, have received very little coverage—though they dramatically alter the rights in bankruptcy of parties to contracts with the world's largest financial institutions.

By Robert Christmas

10 minute read

September 29, 2020 | New York Law Journal

Courts Disagree on Preemption of Arbitration of Discrimination Claims

To arbitrate, or not to arbitrate? That is the question with respect to discrimination and sexual harassment claims in New York.

By Frances Kulka Browne and Erika Ghaly

8 minute read

September 28, 2020 | New York Law Journal

When a Pattern Jury Instruction Contrary to New York Law Arrogates the Law

PJI 2:320 Versus the Court of Appeals' Seminal Decision in 'McDougald v. Garber'

By Timothy R. Capowski and Jonathan P. Shaub

13 minute read

September 25, 2020 | New York Law Journal

New York's Treatment of "Arising Out Of" Insurance Exclusions

A discussion of New York's extremely insured friendly reading of "arising out of" language in insurance agreements.

By Evan W. Bolla

7 minute read

September 24, 2020 | New York Law Journal

COVID-19 Vaccinations and Health Care Workers

As progress toward a COVID-19 vaccine continues to dominate the headlines, a discussion of the implications and legal ramifications a mandated vaccine could have on employers in the healthcare industry.

By Robert Braumuller, Zaina S. Khoury and Nina Schuman-Bronson

6 minute read

September 24, 2020 | New York Law Journal

Addressing the "New Normal" for Jurors and Jury Pools

The pandemic pause in civil jury trials presents the opportunity for trial counsel to take a hard look at their pre-pandemic strategic assumptions, allowing time to re-examine and research the thoughts and feelings of the 'new normal' juror and the changed characteristics of the COVID-19 jury pool.

By Douglas Schoen, Carly Cooperman and Daniel Cooper

10 minute read

September 23, 2020 | New York Law Journal

Just in Time: New Bankruptcy Relief for Small Businesses

A unique opportunity for Chapter 11 restructuring of small businesses with up to $7.5 million of third-party debt is set to expire early 2021.

By Jerrold L. Bregman

8 minute read