May 10, 2019 | New York Law Journal
The 'Class Actionization' of AmericaIn his Complex Litigation column, Michael Hoenig asks whether the entire class action regime that has come to dominate much of court litigation today has reached a tipping point, becoming an ever-expansive, negative behemoth that needs to not only be reviewed but sharply modified and curtailed.
By Michael Hoenig
14 minute read
May 10, 2019 | New York Law Journal
OFAC Leans in on Sanctions Compliance: A Renewed Focus on EnforcementOn May 2, 2019, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) took a significant step by issuing the framework for OFAC Compliance Commitments, which formally puts companies on notice of OFAC's expectations with respect to an effective economic sanctions compliance program.
By Mario Mancuso, Sanjay Mullick, Anthony Rapa and Abigail Cotterill
10 minute read
May 10, 2019 | New York Law Journal
Former FINRA Department of Enforcement Director Sara Raisner Joins Shearman & SterlingAnd other announcements of recent hirings and promotions of New York attorneys.
By Patricia Kane
2 minute read
May 09, 2019 | New York Law Journal
Albany's Still-To-Do Election ReformsIn their Government and Election Law column, Jerry H. Goldfeder and Myrna Pérez note that Albany has taken some “exciting steps at reforming New York's election laws,” however two critical reforms remain to be passed: Automatic Voter Registration (AVR), and rights restoration for all citizens living in the community with convictions in their past.
By Jerry H. Goldfeder and Myrna Pérez
7 minute read
May 08, 2019 | New York Law Journal
Rachel Mansdorf Leaves Cozen O'Connor for Loeb & LoebAnd other announcements of recent hirings and promotions of New York attorneys.
By Patricia Kane
2 minute read
May 07, 2019 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses “Bank of New York Mellon v. Dieudonne,” a case of first impression where the court held that de-acceleration of debt maturity is not a condition precedent to the acceleration of the mortgage, and “14th St. Owner LLC v. Westside Donut 6th Ave. Ventures LLC,” where the court held that a defendant that vacates the premises unilaterally and without consent continues to owe rent.
By Scott E. Mollen
15 minute read
May 07, 2019 | New York Law Journal
The Death of the Bottom-Dollar GuaranteeOn April 5, 2019, the Treasury Priority Guidance Plan for 2019 announced that the Treasury would prioritize the issuance of final regulations concerning partnership recourse liabilities, including bottom dollar payment obligations. In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss the implications on real estate investors, including the “unlikely case” that final regulations are not issued.
By Peter E. Fisch and Mitchell L. Berg
12 minute read
May 07, 2019 | New York Law Journal
Blurred Lines Between Coercive Control and 'Petty Harassment' in High-Conflict DivorceUnique challenges abound when parents involved in contested matrimonial litigation live under the same roof while the divorce action is pending. This article discusses the standard used for the remedy known as “exclusive use and occupancy” of the marital home while a divorce action is pending.
By Alan Feigenbaum
7 minute read
May 06, 2019 | New York Law Journal
Hub, Spokes and Rim: Revisiting 'Kotteakos'In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the college admissions scandal in the context of "Kotteakos v. United States," which held that a conspiracy requires interdependence among its members.
By Elkan Abramowitz and Jonathan Sack
11 minute read
May 03, 2019 | New York Law Journal
An Update on Lawyers' Duty of Technological Competence: Part 2Continuing a discussion they started in an earlier article, Professional Responsibility columnists Anthony Davis and Steven Puiszis discuss additional areas that require technological competence: social media; electronic discovery; technology used by clients to build products or offer services, and technology used to present information in court.
By Anthony E. Davis and Steven M. Puiszis
11 minute read
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