Patricia Kane

May 22, 2020 | New York Law Journal

How and when can a cryptocurrency or token offering transform from a security into a commodity or something else that is not subject to the securities laws? In his Blockchain Law column, Robert Schwinger discusses one approach that some issuers have tried in order to avoid or minimize having to face securities law requirements: "simple agreements for future tokens" or SAFTs.

By Robert A. Schwinger

19 minute read

May 22, 2020 | New York Law Journal

COVID-19 has largely precluded the courts from conducting routine operations in the ways they ordinarily would. Because of these challenges, the New York State government and court system have had to implement a number of measures to account for the "new normal" we are facing. In their Trial Practice Column, Robert Kelner, Gail Kelner and Joshua Kelner review some of the most significant of these measures, and offer some of our thoughts about what to expect as we go forward.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

12 minute read

May 20, 2020 | New York Law Journal

A discussion of whether the United Nations Convention on International Settlement Agreements Resulting from Mediation, informally known as the "Singapore Mediation Convention," is meeting its goal of promoting mediation as a viable alternative to litigation of cross-border trade disputes by creating an effective process for enforcing a resulting settlement agreement.

By Leslie A. Berkoff

9 minute read

May 19, 2020 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Matter of Watson, U.S. Bankruptcy Court," where the landlord was found not subject to a code provision barring eviction for nonpayment of discharged rent, and "159 W. 23rd LLC v. Spa Ciel De NY Corp.," where the landlord was granted summary judgment of possession for the tenant's incurable insurance defaults.

By Scott E. Mollen

18 minute read

May 19, 2020 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn Neuner and William Russell, Jr. discuss how the court recently reaffirmed New York's public policy favoring arbitration and the ability of parties to consensually define the parameters of their dispute resolution process in American International Specialty Lines Insurance Company v. Allied Capital Corporation.

By Lynn K. Neuner and William T. Russell Jr.

7 minute read

May 19, 2020 | New York Law Journal

In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg write: In the current economic climate, created in large part by the Covid-19 virus, many borrowers are facing challenges and approaching their lenders with loan modification requests. In handling the large number of such requests, it is important for lenders and servicers to remember to exercise caution in their communications with these borrowers to avoid potential liability for negligence.

By Jeffrey B. Steiner and Scott A. Weinberg

7 minute read

May 18, 2020 | New York Law Journal

A closer look at an underutilized tool rooted in the New York State Legislature's Amendment to CPLR 4511.

By Milad Boddoohi and Steven Sladkus

9 minute read

May 15, 2020 | New York Law Journal

In the context of the current pandemic, a discussion of the principles courts have traditionally looked to in addressing claims that nonperformance of contracts should be excused because of external events.

By Paul M. "Tad" O'Connor, Christian T. Becker and Jeffrey Ephraim Glatt

7 minute read

May 13, 2020 | New York Law Journal

In times of epidemics and pandemics, like COVID-19, the federal Public Readiness and Emergency Preparedness (PREP) Act aims to expedite the manufacture, distribution, and use of medical devices and drugs by providing immunity from liability under federal and state law. This article addresses the scope of the immunity.

By Kevin N. Ainsworth and Brian P. Dunphy

8 minute read

May 12, 2020 | New York Law Journal

In their Intellectual Property Litigation column, Lewis Clayton and Eric Alan Stone discuss recent Federal Circuit cases 'Hologic v. Minerva Surgical' and 'Arista Networks v. Cisco Systems' that addressed the scope of assignor estoppel. The doctrine is significant for attorneys advising clients in transferring patent rights.

By Lewis R. Clayton and Eric Alan Stone

9 minute read