Patricia Kane

July 20, 2020 | New York Law Journal

    Ahead to the Past (Part II of III): The Evolution of New Rules of Engagement in the Age of Social Inflation and Nuclear Verdicts:…

By Timothy Capowski, John Watkins and Jonathan Shaub

22 minute read

July 20, 2020 | New York Law Journal

The SEC and U.S. Justice Department are investigating suspicious stock trades made by U.S. Senator Richard Burr in February 2020, which might have been based in part upon confidential information about the Coronavirus pandemic disclosed at closed-door congressional hearings, which if true, might violate the Stop Trading on Congressional Knowledge, or STOCK Act. The investigations may turn on whether Senator Burr's trades were based upon confidential government information, or publicly available news reports.

By Barry Temkin and Mitchell S. Markarian

8 minute read

July 17, 2020 | New York Law Journal

As employers in New York begin to reopen, employee infection events are likely to occur. Employers should understand the potential applicability of workers' compensation coverage to guard against unexpected tort and other liability.

By Brian Murphy and Lindsay Stone

8 minute read

July 17, 2020 | New York Law Journal

Despite New York's full lockdown since March 23, with only the first steps of reopening beginning on June 8, insurers continued to receive new no-fault claims.The steps taken to "flatten the curve" created numerous challenges to the no-fault arena and there are a number of issues that have yet to be addressed.

By Robyn M. Brilliant

8 minute read

July 16, 2020 | New York Law Journal

An examination of Attorney General William Barr's recent direction to federal prosecutors to "prioritize the detection, investigation, and prosecution of all criminal conduct related to the current pandemic," and what the resulting enforcement actions for price gouging, program fraud, healthcare fraud, anti-kickback violations, and consumer protection means for businesses.

By Eric W. Moran and Jeffrey P. Mongiello

8 minute read

July 16, 2020 | New York Law Journal

And other announcements of recent hirings and promotions of New York attorneys.

By Patricia Kane

4 minute read

July 16, 2020 | New York Law Journal

A look at the legal issues affecting the Broadway theater industry as a result of the coronavirus, including issues involving insurance coverage, contract duties and defenses, union jurisdiction, the duty to provide refunds for cancelled performances, copyright infringement, health and safety guidelines, and the difficulties of livestreaming and recording theater-related programming.

By Matthew Windman

11 minute read

July 15, 2020 | New York Law Journal

Although a number of federal courts have found code of conduct statements to be non-actionable puffery, given the uncertainty in the face of the novel coronavirus pandemic, public companies should review their codes of conduct and revise them if necessary to mitigate litigation risk.

By Sarah Lightdale, Ian Shapiro and Linh Nguyen

10 minute read

July 14, 2020 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the NY Court of Appeals decision in "Regina Metropolitan Co. v. New York State Div. of Hous. & Community Renewal" which presents a common issue under the Rent Stabilization Law: What is the proper method for calculating the recoverable rent overcharge for New York City apartments that were improperly removed from rent stabilization during receipt of J-51 benefits prior to Roberts v. Tishman.

By Scott E. Mollen

20 minute read

July 14, 2020 | New York Law Journal

In their Real Estate Financing column Jeffrey B. Steiner and Scott A. Weinberg review the recent case, D2 Mark v. OREI VI Investments to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.

By Jeffrey B. Steiner and Scott A. Weinberg

8 minute read