September 11, 2020 | New York Law Journal
New York's Latest Legislative Session: What Passed, What Didn't, What's NextSome of the more significant developments in the 2019-2020 legislative session.
By Sharon L. Klein
13 minute read
September 11, 2020 | New York Law Journal
Election 2020: Will Estate Planning Ever Be the Same?If next year the Democratic Party controls the Senate, the House of Representatives, and the White House, we are certain to see new tax legislation. Now is the time to develop a contingency plan that can be implemented this fall depending on the outcome of the November election.
By Stephen Liss
8 minute read
September 11, 2020 | New York Law Journal
Navigating Legal Guardianships—A Primer To Help Parents of Children with DisabilitiesFor many families, the pandemic not only torpedoed vacation plans and dashed hopes for a "normal" school year, it also forced many of us to confront somber topics such as illness, death and incapacitation in ways that we may not have before. This is especially true for parents of children with special needs or cognitive disabilities.
By Yolanda Kanes, Maryann Stallone and Amanda Leone
8 minute read
September 11, 2020 | New York Law Journal
Planning Around NY's Estate Tax Cliff—Because a Pandemic Is Enough To Worry AboutA review of the current New York Estate Tax regime, with a renewed warning of the dreaded "cliff" and a discussion of how intelligent and flexible planning can help provide security, savings and sometimes even the elimination of the New York estate tax.
By Alison Powers Herman and Karen Schiele
8 minute read
September 11, 2020 | New York Law Journal
Tackling 'In Terrorem' Clauses in Trusts and WillsRecent developments in the use and enforceability of in terrorem clauses in New York, including tips on what practitioners can do to boost their enforceability.
By Bonnie Lynn Chmil and Joshua S. Rubenstein
8 minute read
September 11, 2020 | New York Law Journal
Particularized Pleading of Underlying Illegal Acts in the Second CircuitA discussion of the Second Circuit securities case, 'Gamm v. Sanderson Farms' which provides companies responding to allegations of securities fraud based on failure to disclose illegal conduct ammunition to support a motion to dismiss.
By Steven Paradise and Matthew Catalano
8 minute read
September 10, 2020 | New York Law Journal
Win Your Commercial Arbitration by Using Section 7 of FAAHow can you prove your case/defenses in a commercial arbitration when there is no enforceable mechanism to compel a non-party to produce discovery?
By Richard H. Epstein and Matthew L. Lippert
8 minute read
September 10, 2020 | New York Law Journal
Court Holds Interlocutory Orders Appealable After Judgment'Knapp v. Finger Lakes NY' presents a cogent analysis of the not uncommon confluence of statutes and case law on the appealability of an interlocutory order that is issued after entry of the judgment. A background review of the applicable law is helpful.
By Elliott Scheinberg
9 minute read
September 08, 2020 | New York Law Journal
State Owes $15M in IOLA Funds To Support Legal ServicesThe New York State Bar Association recognizes that the coronavirus pandemic has caused significant financial shortfalls at all levels of government. But, we nevertheless are deeply concerned about the state's inordinate delays in paying over $15 million owed under its contractual obligations to legal service providers for services already rendered.
By Scott M. Karson
3 minute read
September 08, 2020 | New York Law Journal
Issues for Lenders to Consider Before Being Caught in a COVID Catch-22There are several parallels to be made and lessons to be learned from 2008 that financial institutions can apply now and avoid potential pitfalls.
By Alan F. Kaufman and Kimberly A. Pierro
6 minute read
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