June 30, 2020 | New York Law Journal
The Strange Case of HSTPA Part JIn "520 Tinton, L.P. v. Harlem United," the court addressed an obscure portion of the HSTPA, embodied in the Part J amendments which granted protection from non-primary residence evictions to not-for-profit entities that provide "scatter site" housing for the homeless. In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss whether the amendments are constitutional.
By Warren A. Estis and Jeffrey Turkel
7 minute read
June 30, 2020 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses the condominium law case "Gharai v. Board of Mgrs. of the Atelier Condominium," and three landlord-tenant cases "1371 Franklin Ave. v. Pugh," "Westman Realty Co. v. Cookson," and "530 Second Ave. Co. v. Zenker"
By Scott E. Mollen
17 minute read
June 30, 2020 | New York Law Journal
Violation of the Assignment-In-Gross Rule for TrademarksA recent case that addressed rights in the trademark reign provides a cautionary tale of the consequence of the failure to assign a trademark with its goodwill.
By Scott D. Locke and Jessica J. Kastner
11 minute read
June 30, 2020 | New York Law Journal
Wage and Hour Class/Collective Actions Defenses: Seven Steps for SuccessWage and hour class/collective actions are unique and complex cases that require strategy and solutions that go beyond the typical. This article will discuss seven specific steps companies can take to successfully defend such an action.
By Seth Kaufman and Justin Reiter
8 minute read
June 29, 2020 | New York Law Journal
An Introduction to FINRA Enforcement ProceedingsFor the commercial litigator, their first foray into the world of enforcement actions brought by the Financial Industry Regulatory Authority can be disorienting.
By Andrew St. Laurent
8 minute read
June 26, 2020 | New York Law Journal
The Perils of an Erroneously-Granted Summary JudgmentThe rule seems simple enough: summary judgment motions should be properly supported. But it also stands as a signal of caution. If the court erroneously grants summary judgment where the moving party has not met its burden, the moving party may ironically be worse off than if the motion had been denied in the first place. This article explores why that is the case and what litigants and their counsel must do to prevent it.
By Adrienne B. Koch
7 minute read
June 25, 2020 | New York Law Journal
Mootness, A Motion for an Expedited Post-Deprivation Hearing in Family CourtWhile mootness is related to subject matter jurisdiction, case law has carved out exceptions to the rule. This article addresses the exception that brings into focus an instance "where the issue to be decided, though moot is (1) likely to recur..., (2) substantial and novel, and (3) will typically evade review in the courts."
By Elliott Scheinberg
11 minute read
June 25, 2020 | New York Law Journal
Mentoring The Right Way: Safeguarding BoundariesInstituting norms that prioritize mentoring could yield significant payoffs for law firms in regard to attorney job performance, job satisfaction, and commitment to the firm as demonstrated in this article.
By Peter Lobl
8 minute read
June 24, 2020 | New York Law Journal
New Regulations Demand Due Process for Campus Sexual Misconduct CasesAn analysis of some of the more groundbreaking and controversial changes in the new Title IX regulations, including the authors' opinions on the regulations' likely successes and shortcomings ahead of their implementation on Aug. 14, 2020.
By Kimberly C. Lau, James E. Figliozzi and Branden P. Lynn
9 minute read
June 23, 2020 | New York Law Journal
Realty Law DigestScott E. Mollen discusses "Suncore Group v. 1660 1ST LLC," "IndyMac Federal Bank FSB v. Parekh," and "1901 Hennessy LLC v. Vicente."
By Scott E. Mollen
17 minute read
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