Patricia Kane

July 07, 2020 | New York Law Journal

A discussion of the recent New York Court of Appeals decision in American International Specialty Lines Insurance v. Allied Capital Corp. and its implications for determining when a partial arbitration award is final, including for the purpose of invoking the doctrine of functus officio, which prohibits an arbitrator from altering a final award.

By Julia A. Cort

9 minute read

July 06, 2020 | New York Law Journal

A discussion of recent decisions from the U.S. Supreme Court and NY Court of Appeals construing federal and state public corruption laws. The author makes the case that New York prosecutors may now be in a better position than federal prosecutors to go after public corruption.

By Yael V. Levy

15 minute read

July 03, 2020 | New York Law Journal

Mandatory mediation is now the law in New York modeled on the Super-Storm Sandy prototype . Will it achieve the same success as past mass disaster mandatory mediation programs?

By Linda Gerstel

10 minute read

July 02, 2020 | New York Law Journal

An examination of New York's new criminal discovery laws, specifically the new CPL article 245 which provides that significant, enumerated disclosures be made to the defense within specified time periods.

By Adam Kaufmann and Marc Frazier Scholl

10 minute read

July 02, 2020 | New York Law Journal

Briefs have been filed. You and your adversary have joined issue on the questions for judicial decision; but then the court introduces its own new legal issues into the case and, further, invites third parties who haven't participated in the case to submit amicus briefs. You're now watching the dispute evolve outside your control. Can judges do that?

By Timothy Macht and Derek Borchardt

10 minute read

July 02, 2020 | New York Law Journal

A discussion of notable cases finding Rule 34 violations, various remedies the courts have implemented, and some practice pointers to ensure compliance.

By Jessica L. Falk and Rachel Kaplowitz

8 minute read

July 02, 2020 | New York Law Journal

A discussion of the specific advice the Third Circuit provided in the Crystallex decision to future judgment holders while also highlighting lingering uncertainties and unique particularities in this area of law.

By Oliver J. Armas and Dennis H. Tracey, III

9 minute read

July 02, 2020 | New York Law Journal

Whether personnel records are admissible into evidence is a different issue than whether they are discoverable, and this will always be a fact-intensive inquiry.

By Philip Berkowitz and James Horton

9 minute read

July 02, 2020 | New York Law Journal

In this follow up to last month's article discussing 'Regina Metro v. New York State Div. of Hous. & Community Renewal' in relation to its holding concerning the unconstitutional retroactive application of Part F of the HSTPA, this article focuses on another feature of that decision—fraud—which didn't get as much coverage but nonetheless may be just as impactful.

By Nativ Winiarsky

11 minute read

July 01, 2020 | New York Law Journal

In matrimonial matters there is no right to counsel. Thus, low-income individuals with marital disputes in court must either qualify for free legal assistance or represent themselves. One solution to this is "unbundled" legal services, also known as "limited scope representation." This article discusses the issues involved when attorneys assist pro se litigants.

By Joel R. Brandes and Chris McDonough

11 minute read