August 05, 2020 | New York Law Journal
Supreme Court Clarifies Disgorgement in Securities Cases and Beyond"The denouement of Liu is its confirmation that disgorgement is a component of the equitable relief available to the SEC in enforcement cases, strictly constrained in its application, and undeniably subordinate to venerable axioms of equity jurisprudence."
By Anthony Michael Sabino
8 minute read
August 04, 2020 | New York Law Journal
The Rise of Ejectment Actions During the COVID-19 PandemicAs the courts continue the reopening process, there will be both a backlog of landlord-tenant cases and a pent-up demand to commence new cases, the combination of which will be difficult for the L&T court to manage. In their Landlord Tenant Law column, Warren Estis and Alexander Lycoyannis recommend that "practitioners seeking to advance their clients' rights would be well-advised to consider the ejectment action—which remains a viable avenue for relief."
By Warren A. Estis and Alexander Lycoyannis
7 minute read
August 04, 2020 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses "Agudas Chasidei Chabad of the U.S. v. Congregation Lubavitch Inc.,"
By Scott E. Mollen
16 minute read
August 04, 2020 | New York Law Journal
Daily Fantasy Sports Decisions Risk Clouding Legal LandscapeThe New York Appellate Division and the Illinois Supreme Court recently issued conflicting opinions on whether daily fantasy sports are considered gambling. This article examines these two decisions and their impact on the legal landscape of paid contests involving chance and skill.
By Anthony Dreyer and Andrew Patrick
9 minute read
August 04, 2020 | New York Law Journal
Is There a Domestic Relations Exception to Diversity Jurisdiction?The domestic relations exception was initially an exception to the exercise of diversity jurisdiction on the subject of divorce or alimony.
By George B. Daniels and Joel R. Brandes
11 minute read
August 03, 2020 | New York Law Journal
Unintended Consequences: 10 Years of Rent Overcharge Reversals, Part 2This second of the three-part series discusses the effects that Court of Appeals reversals of settled appellate court precedent has had on the residential real estate management industry.
By Francis J. Lane, III
8 minute read
July 31, 2020 | New York Law Journal
The 'Brady' Obligation: A True Boost from District Judge Allison NathanThe author shares his views on District Judge Allison Nathan's opinions in 'U.S. v. Ali Sadr Hashemi Nejad,' and the earlier 'U.S. v. Pizarro,' where she makes it clear that there cannot be adherence to 'Brady' by merely allowing the government to state that it is "aware of its obligation."
By Jay Goldberg and Alex S. Huot
8 minute read
July 31, 2020 | New York Law Journal
You Received a Federal Grand Jury Subpoena—What Happens Next?Practical guidance for individuals and companies to consider if served with a federal grand jury subpoena.
By Jason H. Berland
8 minute read
July 30, 2020 | New York Law Journal
CPLR 4404(a), Interest of Justice; Multiple PreservationIn discussing the topic of relief grounded in the interest of justice, author Elliot Scheinberg concludes: "The lesson is to err on the side of over caution: re-dot the i's and re-cross the t's below. It seems that one cannot over preserve but only under preserve."
By Elliott Scheinberg
17 minute read
July 30, 2020 | New York Law Journal
Is Virtual ADR the "New Normal"?One day, the threat from COVID-19 will pass and in-person proceedings will again be an option. But will things return to how they had been or is virtual ADR here to stay?
By Peter Halprin and Andrew Nadolna
7 minute read
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