Patricia Kane

July 09, 2024 | New York Law Journal

Among the differences between the Foreign Corrupt Practices Act (FCPA) and is the Foreign Extortion Protection Act (FEPA) is the definition of a "foreign official." The FCPA definition is "any officer or employee of a foreign government or any department, agency, or instrumentality…or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality." The FEPA adds "any person acting in an unofficial capacity." What defines "unofficial capacity" is the focus of this article.

By Daniel Koffmann and Jonathan Acevedo

14 minute read

July 09, 2024 | New York Law Journal

Adrienne Koch's third in her a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. This article focuses on circumstances in which contractual or contract-like liability can arise even in the absence of a written contract, and the importance of a drafting approach to avoid surprises.

By Adrienne B. Koch

6 minute read

July 08, 2024 | New York Law Journal

If non-compete agreements are officially banned and businesses are looking to avoid bureaucratic hurdles that come with patents, Joe Barber and Scott Frost discuss how companies can protect their trade secrets.

By Joseph Barber and Scott Frost

9 minute read

July 05, 2024 | New York Law Journal

Today in 2024, after a decade of discussing 'Grace v. Law,' author Andrew Bluestone re-surveys the field for Grace "likely to succeed" legal malpractice dismissals, finding the landscape "relatively unpopulated."

By Andrew Lavoott Bluestone

9 minute read

July 03, 2024 | New York Law Journal

A compilation of upcoming events and CLE classes by local bar associations, courts and other presenters.

By Patricia Kane

1 minute read

July 02, 2024 | New York Law Journal

Scott Mollen discusses "Mangold v. Board of Managers of Meadow Court Condominium," and "Wells Fargo Bank N.A. v. Louis."

By Scott Mollen

18 minute read

July 02, 2024 | New York Law Journal

Calling IT immediately after a cyber breach is a knee-jerk reaction, and a smart one at that. But what about the aftermath? Who do you call next? This article discusses the importance of notifying legal early in the process.

By Rebecca L. Rakoski and Patrick D. Isbill

10 minute read

July 02, 2024 | New York Law Journal

While lenders and servicers with New York portfolios should long have been exceptionally familiar with the requirement, such presumed awareness nonetheless seems to little diminish the constant—often fatal losses suffered.

By Bruce J. Bergman

9 minute read

June 28, 2024 | New York Law Journal

Alan Feigenbaum, partner at Blank Rome, writes: As divorce lawyers, we must choose our words carefully, particularly in emails. The J.G. decision is a reminder that how we choose our words can carry enormous consequences in the outcome of a matrimonial case.

By Alan Feigenbaum

7 minute read

June 27, 2024 | New York Law Journal

In New York, assets held in trusts established and funded by a third-party for the benefit of a spouse are excluded from the marital property estate; however, if the beneficiary has access to a discretionary trust during the marriage, certain issues may still arise in a divorce.

By Dilpreet Rai and Alyssa Rower

8 minute read