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Patricia Kane

Patricia Kane

Patricia Kane is the Courts Editor for the New York Law Journal.

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June 10, 2019 | New York Law Journal

Licensor Did Not Forfeit Rights Based on Past Waivers

In their Technology Law column, Richard Raysman and Peter Brown summarize the facts and procedural history of 'Medtron Software Intelligence Corp. v. Metairie Gastroenterology', where one party learned that reliance on oral modifications to a written agreement can successfully be opposed by an adversary citing to the plain, unambiguous terms of a contract.

By Richard Raysman and Peter Brown

7 minute read

June 06, 2019 | New York Law Journal

Howard Steel Joins Goodwin from Brown Rudnick

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

By Patricia Kane

2 minute read

June 06, 2019 | New York Law Journal

Richard C. Failla Commission Celebrates 'Braschi' 30 Years Later

The Richard C. Failla LGBTQ Commission of the New York Courts hosted an event on June 3 to commemorate the 30th anniversary of the New York Court of Appeals' decision in 'Braschi v. Stahl Associates Company', the first time an American appellate court gave a same-sex couple legal recognition.

By Patricia Kane

1 minute read

June 05, 2019 | New York Law Journal

Dale Degenshein Leaves Stroock for Armstrong Teasdale

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

By Patricia Kane

3 minute read

June 05, 2019 | New York Law Journal

'Markel' and the Discovery 'Privileges'

In his Evidence column, Michael Hutter discusses 'Markel v. Pure Power Boot Camp,' a decision significant “because it addressed and resolved an issue of discoverability which had not been uniformly analyzed and decided by the trial courts.

By Michael J. Hutter

12 minute read

June 05, 2019 | New York Law Journal

Measles and the Constitution

In his Civil Rights and Civil Liberties column, Christopher Dunn discusses the meaningful constitutional issues surrounding government-mandated measles vaccination amid the re-emergence of the disease. Although the law is clear that the state can mandate vaccinations to address the current outbreak—even in the face of religious objections—less clear is how far the state can go in implementing such a mandate.

By Christopher Dunn

10 minute read

June 04, 2019 | New York Law Journal

Realty Law Digest

In his Realty Law Digest, Scott E. Mollen discusses “Bank of New York Mellon v. Gordon,” where the Appellate Division, Second Department addressed foundation issues involving business records evidence in light of the “unprecedented spike” in foreclosure actions after the 2008 financial crises.

By Scott E. Mollen

10 minute read

June 04, 2019 | New York Law Journal

COA Has Spoken: 'Yellowstone' Relief Can Be Waived

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the recent landmark decision "159 MP Corp. v. Redbridge Bedford," which they conclude has "fundamentally altered Yellowstone jurisprudence in this state." 

By Warren A. Estis and Michael E. Feinstein

8 minute read

June 04, 2019 | New York Law Journal

Liquidated Damages Clauses in Restrictive Covenant Agreements

In their Employment Law column, Jeffrey Klein and Nicholas Pappas analyze how employers who opt to include liquidated damages clauses in restrictive covenant agreements might draft such provisions most effectively.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

June 03, 2019 | New York Law Journal

Update on New York State's Medical Indemnity Fund

Since authors Thomas Moore and Matthew Gaier last discussed the New York State Medical Indemnity Fund in this column in April 2016, the legislation has undergone significant amendments and judicial interpretation. Those developments are the subject of this article.

By Thomas A. Moore and Matthew Gaier

15 minute read


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