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Patricia Kane

Patricia Kane

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

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April 16, 2024 | New York Law Journal

Housing Discrimination; Licensee Succession Holdover: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Katz v. New York City Housing Preservation and Development," where a housing discrimination case was dismissed, and "Diversified Equities LLC v. Swint," based on a licensee holdover proceeding,

By Patricia Kane

15 minute read

April 16, 2024 | New York Law Journal

Practical Implications of the New Restrictions on New York Employers' Access to Employee and Applicant Social Media Accounts

On March 12, New York's Governor Kathy Hochul signed a bill into law that effectively prohibits employers from accessing employees' or job applicants' personal social media accounts. New York employers should evaluate their current application processes and social media policies to ensure compliance with the new law.

By Christopher M. Pardo, Robert T. Quackenboss and Alyson M. Brown

6 minute read

April 16, 2024 | New York Law Journal

Good Guy Guarantees: How One Word May Expand the Liability of Individual Guarantors

In December 2022, the First Department issued a decision in 122 East 42nd Street LLC v. Joseph Scharf and Sarah Gotlib that caught the leasing world off guard as it relates to so-called "Good Guy" guarantees.

By Bryan T. Mohler and Rachel Shaw

9 minute read

April 15, 2024 | New York Law Journal

Child Support Caps and Calculations: Is There Still a Need for 'Needs'?

Prior to the Child Support Standards Act, there was a wide disparity of child support awards due to a lack of clear standards and formulas. In 1995, the Court of Appeals stepped in to provid guidance, offering two ways to calculate an award: One is by setting a cap and the other is by demonstrating proven costs. Authors Robert Dobrish and Lee Rosenberg offer their thoughts on this hot-button issue of why judges seem to favor the cap method over the other.

By Robert Z. Dobrish and Lee Rosenberg

11 minute read

April 12, 2024 | New York Law Journal

AI Offers New Challenges and Opportunities for Trade Secret Protection

New technologies create new challenges for the law. This has certainly been the case for artificial intelligence, which has generated a great deal of discussion, and some litigation, in patent and copyright law. One area that has not been explored is its impact on trade secrets. But recent events indicate that this is about to change.

By Tal S. Benschar

7 minute read

April 10, 2024 | New York Law Journal

Second Dept. Upholds Strict Liability for 'Vicious Propensities' of Animals

The Appellate Division, Second Department recently had the opportunity to review the background of the "vicious propensities" rule as the standard by which an individual can be sued for injuries caused by domesticated animals over which they have full or partial control.

By George M. Heymann

9 minute read

April 09, 2024 | New York Law Journal

Matrimonial Attorney Not Up to Date on Property Distribution

Elliot Scheinberg responds to the recent article "Differences Between Annulment and Divorce," where author Michael Liptrot advances "an anachronistic contention regarding the method of property distribution following the dissolution of a marriage."

By Elliott Scheinberg

4 minute read

April 09, 2024 | New York Law Journal

Expiration of the Lease During Nonpayment Proceeding; Overcoming a MDL §302-a Defense: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses two cases dealing with nonpayment proceedings: "2 No. 6th Pl. Property Owner LLC v. Golriz," and "Madison EDJ LLC v. Clerveaux."

By Scott Mollen

16 minute read

April 09, 2024 | New York Law Journal

Splitting Brains: Shareholder Use (and Misuse) of Confidential Board Information

Two recent cases address the question: "How and when that shareholder can use confidential information gained by reason of that board seat?" Authors Adrienne Ward and Elizabeth Gonzalez-Sussman, provide an overview of the cases and offer guidance for activist and institutional investors. They outline distinctly different rulings, why opposite results were reached, and how institutional investors and activists should approach placing directors on a board.

By Adrienne Ward and Elizabeth Gonzalez-Sussman

9 minute read

April 09, 2024 | New York Law Journal

Foreclosure Abuse Prevention Act in a Nutshell

Adam Leitman Bailey and John Desiderio examine the background leading to the FAPA legislative amendments and how they have been construed, in recent Appellate Division decisions, where courts have been required to determine their application.

By Adam Leitman Bailey and John M. Desiderio

19 minute read