Patricia Kane

April 07, 2020 | New York Law Journal

New York common law has long shielded landlords from tort liability for intentional injury suffered by one tenant at the hands of another tenant, unless the landlord "has the authority, ability, and opportunity to control the actions of the assailant." However, this shield was recently pierced by the Second Circuit in Francis v. Kings Park Manor, discussed here by Adam Leitman Bailey and John Desiderio.

By Adam Leitman Bailey and John Desiderio

12 minute read

April 07, 2020 | New York Law Journal

Navigating through statutes and legislative history to successfully plead a viable private right of action in a personal injury or wrongful death case can be time-consuming and ultimately disappointing. But the ability to recover enhanced damages or even any damages at all through a private right of action may make such efforts worthwhile and explains why there are a multitude of recent judicial decisions on this topic in many areas of law.

By Ira S. Slavit

8 minute read

April 06, 2020 | New York Law Journal

Forty-four years ago, the Court of Appeals held, in People v. DeBour, that New York must assess the propriety of street encounters that do not rise to a level of a seizure for the purpose of the Fourth Amendment. In his Criminal Law and Procedure column, Barry Kamins discusses how the Court has more recently taken up the issue of whether DeBour can be applied to non-criminal offenses.

By Barry Kamins

8 minute read

April 06, 2020 | New York Law Journal

All real estate is unique. Ultimately, the relationship of the tenant to the property, the neighborhood and the landlord may determine the outcome. Should you allow a tenant to reduce their footprint? Should temporary rent concessions or a renegotiation of the lease term occur? Each of these issues needs to be addressed on a case-by-case basis.

By Jack J. Rose

5 minute read

April 02, 2020 | New York Law Journal

Andrew Lavoott Bluestone looks at issues arising at depositions of a defendant professional, limiting the discussion to attorneys in this setting.

By Andrew Lavoott Bluestone

12 minute read

April 02, 2020 | New York Law Journal

What if digital advocacy were to become routine?

By Joel Cohen

8 minute read

March 31, 2020 | New York Law Journal

A hallmark of U.S. administrative law is that policy decisions are made by the Legislature, with gaps filled in via regulation. Administrative agencies are given discretion and courts show special deference to an agency's area of expertise. In the arena of data protection, this separation of powers is being put to the test and causing confusion for businesses seeking to comply with data protection duties.

By F. Paul Greene

8 minute read

March 31, 2020 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Tompkins 183 LLC v. Marsha Frankel," and "U.S. Bank N.A. v. Haskins."

By Scott E. Mollen

17 minute read

March 31, 2020 | New York Law Journal

In their Landlord Tenant column, Warren Estis and Michael Feinstein discuss the potential legal issues that will likely arise as tenants start failing to pay rent as a result of the unprecedented situation happening with the current pandemic.

By Warren A. Estis and Michael E. Feinstein

6 minute read

March 27, 2020 | New York Law Journal

• Nick Losurdo has rejoined Goodwin as partner in the firm's financial industry practice. This follows his time at the U.S. Securities Exchange Commission…

By Patricia Kane

3 minute read