Patricia Kane

January 21, 2020 | New York Law Journal

Municipalities typically impose a duty on abutting landowners to maintain sidewalks. In his Zoning and Land Use Planning column, Anthony Guardino discusses how some municipalities also shift liability to those landowners for failure to fulfill that duty.

By Anthony S. Guardino

10 minute read

January 21, 2020 | New York Law Journal

In his Patent and Trademark Law column, Rob Maier discusses three opinions recently issued by the Supreme Court and Federal Circuit relating to the award of attorney fees in patent cases: 'Peter v. NantKwest,' 'Blackbird Tech v. Health In Motion,' and 'Intellectual Ventures.' He concludes these decisions confirm that the "American Rule"—under which each side in a case pays its own attorney fees—remains the norm.

By Rob Maier

8 minute read

January 17, 2020 | New York Law Journal

In his Medical Malpractice Defense column, John L.A. Lyddane discusses the current effort before the Legislature to modify the New York State approach to the "speaking agent" exception to the exclusion of hearsay at trial, writing that "the change would affect the adjudication of medical malpractice claims and is of particular concern to any health care organization whose employees render medical care in the course of their employment."

By John L.A. Lyddane

9 minute read

January 17, 2020 | New York Law Journal

In his Health Law column, Francis J. Serbaroli describes New York's obscure prohibition on for-profit medical referral services. Although this law was enacted nearly 50 years ago when the health care market place was very different, he notes that it can still cause problems if attorneys are not aware of it when they structure any kind of health care referral arrangement in New York.

By Francis J. Serbaroli

10 minute read

January 17, 2020 | New York Law Journal

Named attorneys have until March 27, 2020 to show cause before the court.

By Patricia Kane

1 minute read

January 16, 2020 | New York Law Journal

And other announcements of recent hirings and promotions of New York attorneys.

By Patricia Kane

3 minute read

January 14, 2020 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses "Xiang Fu He v. Troon Management," "261/271 Seaman Ave. LLC v. Jordaan," and "Cuomo v. The East Williston Union Free School Dist."

By Scott E. Mollen

14 minute read

January 14, 2020 | New York Law Journal

In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg discuss the passage of the Appropriations Act as an important measure in ensuring that insurance coverages remain available to property owners/borrowers at premiums that they can afford is of utmost importance to the stability of real estate markets, including the lending markets, and the economy at large.

By Jeffrey B. Steiner and Scott A Weinberg

6 minute read

January 14, 2020 | New York Law Journal

The Supreme Court is set to decide 'USPTO v. Booking.com', on the issue of whether a generic top-level domain combined with an otherwise-generic second-level domain can create a non-generic, protectable trademark for an online business. In their Intellectual Property Litigation column, Lewis Clayton and Eric Alan Stone report on this pending appeal.

By Lewis R. Clayton and Eric Alan Stone

9 minute read

January 13, 2020 | New York Law Journal

Antitrust enforcement in numerous industries was robust in 2019. Aggressive and unexpected actions made headlines and proved that parties need to be prepared to meet any potential antitrust obstacles. In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz recap the major events of 2019 and the issues to watch for in 2020.

By Karen Hoffman Lent and Kenneth Schwartz

12 minute read