Patricia Kane

June 21, 2019 | New York Law Journal

In his Franchising column, David Kaufmann discusses a trio of cases out of California which could prove to be of critical importance to franchisors in New York and nationwide.

By David J. Kaufmann

9 minute read

June 18, 2019 | New York Law Journal

In their Construction Law column, Kenneth M. Block and Joshua M. Levy discuss the legislation, vetoed by Governor Cuomo last year, to amend the state finance law requiring every contract for design and construction of any public works to include a “damage for delay” clause.

By Kenneth M. Block and Joshua M. Levy

6 minute read

June 18, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses 'Allen v. Powers,' where a claim for private nuisance against a neighbor survived a motion to dismiss; and 'Citibank v. Conti-Scheurer,' a foreclosure case where the court addressed the evidence required to establish prima facie compliance—and non-compliance—with RPAPL 1304.

By Scott E. Mollen

12 minute read

June 17, 2019 | New York Law Journal

In their Southern District Civil Practice Roundup column, Edward Spiro and Christopher Harwood discuss the recent cases 'Barbini v. First Niagara Bank' and 'In re Keurig,' where Judge Nelson Roman and Magistrate Judge Henry Pitman addressed difficult privilege issues often arising in litigation such as evaluating whether a party has impliedly waived privilege through its litigation conduct, and the extent to which a party can use a privileged document that has been inadvertently produced.

By Edward M. Spiro and Christopher B. Harwood

10 minute read

June 14, 2019 | New York Law Journal

The New York Office of Attorney General is battling one of the largest global cryptocurrency exchanges and one of the most prominent “stablecoin” issuers in a proceeding that may test the limits of the OAG's expansive authority to prosecute securities and commodities fraud under the Martin Act.

By Kayvan Sadeghi

8 minute read

June 14, 2019 | New York Law Journal

In his Real Estate Securities column, Peter Fass discusses the IRS's proposed regulations which provide guidance on the interest deduction limitation rules under §163(j).

By Peter M. Fass

10 minute read

June 11, 2019 | New York Law Journal

In his Realty Law Digest, Scott E. Mollen discusses “Segev v. 262 N 9 LLC,” dealing with a condominium boards' right of first refusal, and “Tres Realty LLC v. Yu,” where immigration status was found to be not dispositive in determining a family member's succession rights. 

By Scott E. Mollen

15 minute read

June 11, 2019 | New York Law Journal

In the practice of real estate law today, very few legal issues are getting as much attention and at the same time being applied incorrectly by practitioners as anticipatory repudiation (or breach) of contract. In this article, John Desiderio discusses the rules of anticipatory repudiation and attempts to discard the myths and mistruths.

By John M. Desiderio

14 minute read

June 11, 2019 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: A natural tension results from private interests and the government's interest in access to encrypted communications used to further criminal and terroristic conduct. The balancing of these competing concerns is at the crux of most encryption-related debates.

By Robert J. Anello and Richard F. Albert

13 minute read

June 10, 2019 | New York Law Journal

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

By Patricia Kane

2 minute read