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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 11, 2020 | New York Law Journal

New York's Latest Legislative Session: What Passed, What Didn't, What's Next

Some 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 Disabilities

For 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 About

A 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 Wills

Recent 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 Circuit

A 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 FAA

How 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 Services

The 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-22

There 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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