May 12, 2020 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "25 CPW City Views LLC v. Cohen," "West 30th Realty LLC v. Castaldo," and " Robertson v. Jones."
By Scott E. Mollen
15 minute read
May 12, 2020 | New York Law Journal
Commercial Landlord-Tenant Issues During The PandemicAfter several weeks of restrictive measures implemented to mitigate the effects of the coronavirus pandemic, business owners are increasingly being required to make difficult decisions in the face of significant liquidity shortfalls. These decisions raise a number of legal issues.
By Peter E. Fisch and Salvatore Gogliormella
12 minute read
May 11, 2020 | New York Law Journal
Open Questions After the Landmark Decision in 'Salzberg'In 'Salzberg v. Sciabacucchi', the Delaware Supreme Court upheld the validity of provisions in a Delaware corporation's certificate of incorporation that require shareholders of that corporation to sue in federal, rather than state court over alleged violations of the Securities Act of 1933. This article explores what the 'Salzberg' decision resolved and what still remains an open question.
By Michael Bongiorno, Timothy Perla, Megan Barriger and Jessica Lewis
7 minute read
May 08, 2020 | New York Law Journal
Covid-19 Court Notes: ArchiveInformation From the New York Courts on Operations During the Coronavirus Crisis Court System's Coronavirus Hotline = 833-503-0447 Please call the…
By Patricia Kane
18 minute read
May 08, 2020 | New York Law Journal
Franchising During and After the PandemicIn his Franchising column, Marc Lieberstein discusses what effect the current COVID‑19 pandemic is having on franchising and what the future will look like afterwards.
By Marc A. Lieberstein
7 minute read
May 07, 2020 | New York Law Journal
Best Practices for In-House Counsel Anticipating LitigationBest practices for in-house counsel to implement now to prepare documents and files for future litigation.
By Brian Iverson and Robert Counihan
9 minute read
May 05, 2020 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses "City of N.Y. v. Tominovic," " Matter of Callen v. New York City Loft Board," and " CIT Bank N.A. v. Donnatin."
By Scott E. Mollen
18 minute read
May 05, 2020 | New York Law Journal
U.S. Supreme Court Debates Stare Decisis PrinciplesIn their Appellate Practice column, Thomas Newman and Steven Ahmuty discuss 'Apodaca v. Oregon,' and its companion case, 'Johnson v. Louisiana,' where a plurality of the U.S. Supreme Court held that although the Sixth Amendment right to trial by jury requires a unanimous jury verdict in federal criminal trials, it does not require a unanimous verdict in state criminal trials.
By Thomas R. Newman and Steven J. Ahmuty Jr.
10 minute read
May 05, 2020 | New York Law Journal
'Regina' Goes Beyond 'Roberts'-Type Overcharge CasesOn April 2, the Court of Appeals issued its landmark decision in Regina Metropolitan Co. v. New York State Div. of Hous. & Community Renewal where it held that retroactive application of Part F of the 2019 HSTPA violated the Due Process Clause of the U.S. Constitution. The majority and dissenting opinions are not easily summarized, however, in this article, Warren Estis and Jeffrey Turkel explain what the majority did, and did not, primarily hold.
By Warren A. Estis and Jeffrey Turkel
8 minute read
May 04, 2020 | New York Law Journal
Second Circuit Clarifies the NYLL's Incorporation of FLSA ExemptionsThe recent Second Circuit case, 'Hayward v. IBI Armored Services', is about more than just to what extent employees who satisfy the motor carrier exemption can still bring overtime claims under the NYLL. It's also about all of the exemptions contained in §13 of the FLSA that do not appear in the NYLL.
By Michael H. Reed
6 minute read
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