Patricia Kane

July 31, 2019 | New York Law Journal

The Securities and Exchange Commission, the multibillion dollar agency that safeguards investors, presently stands on the precipice of the layer Dante reserved for the indecisive. For, nearly a decade after Bitcoin burst onto the scene in 2010, there has been no concrete attempt at delineating purchaser from investor in the cryptocurrency market—indeed, it appears the agency is content to provide guidance regarding fraud and custody rather than defining products and attendant responsibilities for those soliciting funds for digital conversion.

By J. Scott Colesanti

9 minute read

July 30, 2019 | New York Law Journal

In his Realty Law Digest, Scott Mollen discusses "DiLorenzo v. Windermere Owners," a case of interest because even with the recently enacted rent legislation which permits rent increases based on individual apartment improvements, parties, lawyers and courts will still need to address issues involving the burden of proof, evidence and appellate review.

By Scott E. Mollen

15 minute read

July 30, 2019 | New York Law Journal

In his Foreclosure Litigation column, Bruce Bergman explains that although foreclosure discontinuance motions without prejudice are granted in an “overwhelming number of instances,” it remains in the court's discretion. Thus, if damage or prejudice to a defendant might result, discontinuance may be denied.

By Bruce J. Bergman

6 minute read

July 26, 2019 | New York Law Journal

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

By Patricia Kane

2 minute read

July 25, 2019 | New York Law Journal

In his Law Firm Partnership Law column, Arthur Ciampi discusses a recent opinion of the NYSBA's Ethics Committee, Opinion 1168, which addressed some important issues related to the sale of a law firm.

By Arthur J. Ciampi

9 minute read

July 24, 2019 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky look back at the international litigation and arbitration issues decided in the U.S. Supreme Court's most recently ended term, specifically, decisions relating to service of process under the Foreign Sovereign Immunities Act, the immunity of international organizations, and class action arbitration.

By Lawrence W. Newman and David Zaslowsky

10 minute read

July 24, 2019 | New York Law Journal

In her State Environmental Regulation column, Charlotte Biblow discusses “two of the most significant environmental bills in recent memory” which were passed by the New York State Legislature in June. The bills, she writes, will affect New York State residents, property owners, developers, businesses, local governments, and other entities and institutions in the state in large and small ways.

By Charlotte A. Biblow

9 minute read

July 23, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses “Omega SA v. 375 Canal,” a “novel” case where a watchmaker was awarded $1.1 million in damages against its landlord based on the landlord's contributory trademark infringement, and “Matter of C&B Realty #3, where the BZA's denial of an off-street parking variance was annulled for lack of substantiated evidence.

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

13 minute read

July 23, 2019 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony Guardino discusses "Knick v. Township of Scott, Pennsylvania," where the U.S. Supreme Court, overruling its own decision from 1985, has decided that a takings claim against a state or local government can be heard in federal court as soon as property is taken—even if there is a procedure available to determine the amount of compensation payable to the property owner.

By Anthony S. Guardino

10 minute read

July 18, 2019 | New York Law Journal

On June 21, the Financial Action Task Force announced that it had adopted an interpretive note to its recommendation on new technologies to further clarify the applicability of the recommendations to virtual asset activities. It also issued guidance to assist countries and businesses on their AML/CFT obligations regarding virtual asset activities. In her International Banking column, Kathleen Scott discusses some of the major points of the new interpretive note and guidance.

By Kathleen A. Scott

10 minute read