Patricia Kane

June 04, 2020 | New York Law Journal

In her column on Artificial Intelligence, Katherine Forrest discusses our updated expectations of privacy in this era of Zoom, WebEx, computer cameras, and the Domestic Awareness System (DAS), which gives the NYC Police Department the capability to follow, watch and listen to millions of New Yorkers.

By Katherine B. Forrest

8 minute read

June 04, 2020 | New York Law Journal

Companies, large and small, are in trouble.

By Peter A. Halprin, Pamela Woods and Vincent Xu

9 minute read

June 02, 2020 | New York Law Journal

Scott Mollen discusses "CIT Bank N.A. v. Schiffman," where a challenge to a bank's foreclosure notice and filing led to questions to the state's high court.

By Scott E. Mollen

10 minute read

June 02, 2020 | New York Law Journal

In their Landlord Tenant column, Warren Estis and Alexander Lycoyannis discuss a new law added to the New York City Administrative Code which purports to temporarily suspend personal guaranty provisions contained in commercial leases.

By Warren A. Estis and Alexander Lycoyannis

7 minute read

June 02, 2020 | New York Law Journal

It is difficult to imagine a stranger juxtaposition than the #MeToo movement and federal securities law. The paramount goal of each is to right egregious, albeit different, wrongs, which may explain why they came together in 'Construction Laborers Pension Trust for Southern California v. CBS'. This case provides a cogent exposition of the maxims of pleading securities fraud, specifically in the context of supposed misstatements with regard to corporate ethics.

By Anthony Michael Sabino

9 minute read

May 29, 2020 | New York Law Journal

The conversion of the Medical Liability Mutual Insurance Company (MLMIC) in New York from a mutual to a stock insurance company has given rise to an abundance of dispute resolution.

By Daniel J. Hurteau and Erin Huntington

9 minute read

May 27, 2020 | New York Law Journal

In their White Collar Crime column, Elkan Abramowitz and Jonathan Sack summarize the facts and district court proceedings, and possible impact of 'In re Wild', which held that federal prosecutors did not have an obligation under the Crime Victims' Rights Act (CVRA), to tell Jeffrey Epstein's victims of the decision not to prosecute Epstein for sex trafficking.

By Elkan Abramowitz and Jonathan Sack

12 minute read

May 26, 2020 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "4 BAB LLC v. Beacon Health Options Inc," where the court dismissed breach claim where the subject amendment did not negate the lease's early termination rights.

By Scott E. Mollen is a partner at Herrick, Feinstein.

10 minute read

May 26, 2020 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's first published opinion examining the scope of relief offered to certain persons convicted of crack cocaine offenses under the First Step Act. The Second Circuit held that the First Step Act is a statutory source of sentencing relief independent from the U.S. Sentencing Guidelines or any other policy statement that may otherwise preclude a reduction in sentence.

By Martin Flumenbaum and Brad S. Karp

8 minute read

May 26, 2020 | New York Law Journal

The pandemic continues to affect construction throughout the state, as well as everything from applications for building permits and land use approvals to public hearings and related litigation.

By Anthony S. Guardino

10 minute read