Patricia Kane

July 03, 2018 | New York Law Journal

In his Corporate Crime column, William Johnson explores the history and traditional use of the presidential pardon power, and illuminates the constitutional and legal issues involved.

By William F. Johnson

8 minute read

July 02, 2018 | New York Law Journal

In his State E-Discovery column, Mark Berman examines the question: “What happens when a 'faithless servant' employee absconds with confidential company emails, and then deletes them from the company's server. Does a claim for conversion lie?

By Mark A. Berman

1 minute read

June 27, 2018 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses the case "Franchise Services of North America" and writes: The importance of this case rests upon the threshold determination that relief from provisions in the certificate of incorporation granting rights to bona fide investors must be sought in the relevant state court, even when the remedy sought is the exercise of a federal right, generally exercised by fiduciaries that are required to act in the corporation's best interests.

By Corinne Ball

1 minute read

June 26, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Cohoes Hous. Auth. v. Doe,” where an eviction was found to be a “grossly disproportionate consequence,” in light of sensitive circumstances; and “Paige v. New York City Housing Authority,” where the court cited “appalling bureaucratic malfeasance” where it was found that NYCHA failed to conduct lead paint inspections and remediation. 

By Scott E. Mollen is a partner at Herrick, Feinstein.

2 minute read

June 26, 2018 | New York Law Journal

In their Taxation column, Ezra Dyckman and Daniel W. Stahl discuss the recent Tax Court case 'Levitz v. Commissioner' addressing whether a taxpayer was engaged in a real estate trade or business—a question which has newfound significance in light of certain provisions in the 2017 tax legislation that hinge on the presence or absence of a trade or business.

By Ezra Dyckman and Daniel W. Stahl

1 minute read

June 25, 2018 | New York Law Journal

In his Cybercrime column, Peter Crusco discusses the use of social media for the purpose of impeachment at a criminal trial.

By Peter Crusco

1 minute read

June 22, 2018 | New York Law Journal

A discussion of three proposals introduced by tenant advocates in the New York State Legislature: the Urstadt Law, limits on MCI rent increases, and the elimination of high rent vacancy deregulation. These proposals, and others to come, will be debated in Albany next year when the rent laws come up for renewal.

By Jeffrey Turkel

2 minute read

June 22, 2018 | New York Law Journal

What happens when you need access to a neighbors property for a construction project but the neighbor refuses or an agreement cannot be reached? The answer lies in an infrequently used statute that allows a project owner to petition a court for a license to enter upon a neighbor's property. This article summarize the procedure for obtaining such court-ordered license and identifies some practice pointers for potential litigants.

By Jonathan Grippo

3 minute read

June 22, 2018 | New York Law Journal

The Tax Cuts and Jobs Act of 2017 provides tax incentives for an investment in a qualified “Opportunity Zone,” the goal of which is to facilitate development in targeted low-income, economically distressed communities by encouraging investments used to start businesses, develop abandoned properties or provide low-income housing in the Opportunity Zone.

By Stuart M. Saft

1 minute read

June 22, 2018 | New York Law Journal

A future marijuana-friendly New York state could have attorneys seeing green as cannabis-based businesses seek assistance navigating the complicated process of state laws, including those related to real estate transactions and landlord-tenant laws.

By Jennifer J. Corcoran and Mario D. Cometti

1 minute read