Patricia Kane

September 11, 2018 | New York Law Journal

In their Construction Law column, Kenneth M. Block and Joshua M. Levy advise against the use of performance bonds, writing: The performance bond is for the benefit of the owner and, theoretically, allows the owner to make claims on the bond if the contractor defaults and recover its damages for nonperformance. We say “theoretically” because the performance bond portion of the A312 is so full of conditions and traps for the unwary owner that it may be of little value.

By Patricia Kane

6 minute read

September 10, 2018 | New York Law Journal

The warranty is among the most essential terms of a software license, as the provision often concerns the functionality and capability of the software.…

By Richard Raysman and Peter Brown

8 minute read

September 07, 2018 | New York Law Journal

The Tax Cuts and Jobs Act of 2018 made many considerable changes, especially in the context of arranging the lifetime structural aspects, as well as planning the estates, of real estate investors and developers. In terms of allocating wealth between assets, these changes have, arguably, tipped the scales in favor of real estate over other classes of assets. This article covers factor to be considered in estate planning with real estate interests.

By Philip J. Michaels and Jason A. Lederman

15 minute read

September 07, 2018 | New York Law Journal

A focus on private foundation governance in light of the New York Attorney General case against the Trump Foundation. 

By Christiana Lazo

8 minute read

September 07, 2018 | New York Law Journal

Most gun owners are cognizant of the strict regulations concerning ownership of a firearm. However, their family members and heirs are often unaware of the laws governing the disposition of a firearm when the gun owner dies.

By Jennifer B. Cona

8 minute read

September 07, 2018 | New York Law Journal

Pot trusts, which allow a trustee to sprinkle distributions among a class of beneficiaries, are often touted for their flexibility regarding distributions. However, administering one is rarely straightforward. The trustee often has to manage tricky family dynamics and competing interests. Clear guidance in the trust instrument is critical.

By Elisa Shevlin Rizzo

9 minute read

September 07, 2018 | New York Law Journal

The 2017-18 legislative session recessed on June 20, 2018. This article gives an instructive review of what passed, what failed to pass and what lies ahead when the 2019-2020 session begins in January 2019.

By Sharon L. Klein

12 minute read

September 07, 2018 | New York Law Journal

Interviews will be held on Thursday, Sept. 13.

By Patricia Kane

9 minute read

September 05, 2018 | New York Law Journal

In their Corporate Crime column, Steven Witzel and Andrew Cashmore review the issues that district courts face when confronted with the violation of a supervised release for using marijuana, at a time when the nation's views on drug use are rapidly evolving.

By Steven M. Witzel and Andrew B. Cashmore

12 minute read

September 04, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses two commercial landlord-tenant cases: “325 E. 14th St. Corp. v. Marie France Realty,” where neither party was a “prevailing party”; and “D'Jesus Rest. Corp. v. 1133 Boston Rd. LLC,” where the court held that the landlord did not tortiously interfered with tenant's sale of her restaurant.

By Scott E. Mollen

10 minute read