July 29, 2020 | New York Law Journal
Carrots and Sticks: An Update on Digital Coin RegulationA uniform response to the 10-year old cryptocurrency phenomenon remains only a remote possibility, as regulators waver between encouraging registration of digital offerings and halting/disciplining those online issuers offering Quixotic returns.
By Scott Colesanti and Savannah Aronson
8 minute read
July 28, 2020 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses "Board of Managers of 184 Thompson Street Condominium v. 184 Thompson Street Owner LLC," where the court held that a condo conversion sponsor correctly calculated the cooperative conversion reserve fund, and "Jensen v. 1050 Pacific LLC," where a motion for receiver was denied absent allegations of waste.
By Scott E. Mollen
17 minute read
July 28, 2020 | New York Law Journal
One-Year Foreclosure Moratorium Law ProposedAssembly Bill 10553 dated May 29, 2020 proposes a ban on foreclosure actions for at least a year and creates enormous problems and confusion…
By Bruce J. Bergman
8 minute read
July 28, 2020 | New York Law Journal
In 'Liu v. SEC,' Disgorgement Survives, But With ConditionsOn June 22, 2020, the Supreme Court saved the disgorgement remedy it called into question in 'Kokesh v. SEC,' but put the brakes on the SEC's more zealous applications that risked transforming it into an unauthorized penalty.
By Joseph Gallagher
8 minute read
July 27, 2020 | New York Law Journal
Unintended Consequences: 10 Years of Rent Overcharge ReversalsPart 1 in a three-part series prepared in the wake of the Court of Appeals April decision in "Regina Metropolitan."
By Francis J. Lane, III
9 minute read
July 27, 2020 | New York Law Journal
Ahead to the Past (Part III of III): The Evolution of New Rules of Engagement in the Age of Social Inflation and Nuclear VerdictsThe first two parts of this series discussed the role of certain tactics and improper summation techniques and what the defense bar and the judiciary can and should do to curb these abuses and restore sane, predictable, compensatory justice to the tort system. This third and last part turns outside the courtroom itself to the broader culture that enables these abuses.
By Timothy R. Capowski, John F. Watkins, and Jonathan P. Shaub
13 minute read
July 24, 2020 | New York Law Journal
SCOTUS "Clarifies" "Habitual Residence" Under the Hague ConventionAfter several decades of inconsistent interpretations by federal courts of the term "country of habitual residence" that is key to the cases under the Hague Convention on Civil Aspects of International Child Abduction, the U.S. Supreme Court finally has spoken. Or has it?
By Valentina Shaknes and Justine Stringer
8 minute read
July 24, 2020 | New York Law Journal
Calling the Child's Therapist as a Witness in a Custody CaseIn high conflict divorces, the child's therapist plays a unique role. While the therapist likely offers an invaluable perspective on the needs and interests of their patient, such perspective may, and often does, conflict with the desired outcome of one party. The matrimonial practitioner must be cognizant of many issues to ensure the best interests of the child.
By Lisa Zeiderman and Matthew Marcus
8 minute read
July 24, 2020 | New York Law Journal
NY Adds a New Factor to Consider for Equitable Distribution: Domestic ViolenceExploring the impact the recent amendment to the Domestic Relations Law §236, which now includes domestic violence as a factor to consider when determining equitable distribution, will have on future matrimonial litigation as well as existing case law.
By Adam Turbowitz
8 minute read
July 24, 2020 | New York Law Journal
Surrogacy Agreements Approved by New York...With ProvisosA in-depth discussion of the newly enacted "Child-Parent Security Act of 2020" recently signed into law. The Act establishes the legal framework for "surrogacy contracts," in New York.
By Harriet Newman Cohen and Tim James
18 minute read
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