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Patricia Kane

Patricia Kane

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

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July 29, 2020 | New York Law Journal

Carrots and Sticks: An Update on Digital Coin Regulation

A 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 Digest

Scott 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 Proposed

  Assembly 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 Conditions

On 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 Reversals

Part 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 Verdicts

The 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 Convention

After 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 Case

In 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 Violence

Exploring 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 Provisos

A 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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