August 22, 2018 | New York Law Journal
Court Hits Investor with Millions in Damages for Company's DemiseIn her Distress Mergers and Acquisitions column, Corinne Ball continues an ongoing analysis of negative control rights previously discussed in a prior installment of this column.
By Corinne Ball
13 minute read
August 21, 2018 | New York Law Journal
Realty Law DigestScott E. Mollen, a partner at Herrick, Feinstein, discusses Stavinsky v. Prof-2013-S3 Legal Title Trust by U.S., a foreclosure auction case where the court held that sale terms required the assignee of the winning bidder to pay the prior tenants' maintenance arrears; and Hua Hong Industrial v. Diaz where the landlord was held to have violated AC §27-2005(d) by commencing a baseless proceedings against the tenant.
By Scott E. Mollen
13 minute read
August 21, 2018 | New York Law Journal
Déjà Vu All Over Again: New Proposed Disguised Sale RegulationsIn their Taxation column, Ezra Dyckman and Charles S. Nelson discuss proposed Treasury Department regulations that would once again permit transactions in which a partner can contribute property to a partnership and receive a tax-free distribution of money.
By Ezra Dyckman and Charles S. Nelson
6 minute read
August 20, 2018 | New York Law Journal
Consent Overcomes Internet Privacy Concerns in Data Mining CaseIn her Internet Issues/Social Media column, Shari Claire Lewis discusses Cooper v. Slice Technologies which is "useful for Internet businesses and consumers alike when navigating the often confusing world of online privacy."
By Shari Claire Lewis
9 minute read
August 17, 2018 | New York Law Journal
Procedural Decisions: Something for EveryoneThere's something for everyone in the procedure decisions handed down by the Court of Appeals during its 2017-2018 term—from personal injury lawyers to commercial litigators.
By Patrick M. Connors
12 minute read
August 17, 2018 | New York Law Journal
Court Addresses Wide Spectrum of Unresolved Issues in Tort LawA look at four decisions handed down by the Court of Appeals in the past term that addressed a wide range of unresolved issues in tort law.
By Jeffrey S. Lichtman and Richard A. Menchini
17 minute read
August 17, 2018 | New York Law Journal
Criminal Cases Faced an Often Divided Court This TermThe 2017-2018 term of the New York Court of Appeals in criminal law was different from others in recent years. First, the court decided only 58 cases. Second, 30 decisions were decided by memorandum opinion; no judge signed his or her name to the decision. Third, the court was often divided. There is much for a reviewer to discuss.
By Paul Shechtman
20 minute read
August 17, 2018 | New York Law Journal
So Far, No Consistent Lineup of Judges for Carriers or PolicyholdersEvan H. Krinick discusses the key insurance cases decided by the Court of Appeals and concludes: "At this early stage in this court's history, there does not yet seem to be a consistent lineup of judges on the carrier or the policyholder side."
By Evan H. Krinick
10 minute read
August 17, 2018 | New York Law Journal
Words With Conviction: Effective Appellate Oral ArgumentBusy appellate courts have adopted rules that allow them to dispense with oral argument if they see no need for it, and many appellate judges have said that argument only “occasionally” changes their mind. But what if your appeal is one of those “occasional” ones? This article offers up some suggestions for making your best oral argument after you have locked your finest written efforts into print.
By William B. Stock
7 minute read
August 15, 2018 | New York Law Journal
Loan v. Distribution: 'Illinois Tool Works v. Commissioner'In their Taxation column, David E. Kahen and Elliot Pisem discuss 'Illinois Tool Works v. Commissioner,' a case which provides guidance as to the factors likely to influence a court in distinguishing a loan from a distribution.
By Elliot Pisem and David E. Kahen
11 minute read
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