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Patricia Kane

Patricia Kane

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

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March 12, 2024 | New York Law Journal

Addressing AIA Contract Document Pitfalls

In their Construction Law column, Melissa Billig and Brandon Reiner discuss five pitfalls to avoid when using standardized industry form agreements with architects and contractors.

By Melissa T. Billig and Brandon Reiner

6 minute read

March 11, 2024 | New York Law Journal

Precedent-Setting Decisions Show the Promise of New York's Domestic Violence Survivors Justice Act

This article explores how recent precedent-setting victories in New York's Third Department have showcased the promise and impact of the Domestic Violence Survivors Justice Act and highlights the positive outcomes achieved for survivors and the legal implications of these victories. The authors "hope to shed light on the importance of this legislation and its potential to reform the criminal justice system's approach to domestic violence survivors in New York."

By Karin Portlock and Brian Yeh

10 minute read

March 11, 2024 | New York Law Journal

New FINRA Rules Offer Flexibility in a Post-Pandemic World

The adoption of the rules indicates that FINRA is taking concrete steps to modernize its regulatory framework toward the more flexible environment that proved effective during the pandemic period of substantial systemic risk in the industry.

By Riccardo DeBari, Brian Lanciault and Filip Cukovic

7 minute read

March 08, 2024 | New York Law Journal

Four Court Employees To Receive Botein Awards

The award, presented by the New York City Bar Association, is given for outstanding contributions to the administration of justice. The ceremony will take place on March 25.

By Patricia Kane

1 minute read

March 07, 2024 | New York Law Journal

Section 1782 is a Little-Known Superpower for Foreign Litigants

Litigants outside the U.S. are finding the use of 28 U.S.C. §1782 can be a secret weapon that leads to victory. Yet many don't recognize or realize the power the section provides. It can be used to provide documents and testimony from U.S. residents and corporations that often aid a case in a foreign court. However, a Section 1782 filing can be a complex process and even those who are aware of Section 1782 are unsure how to find success with its use. Lori Marks-Esterman of Olshan explains why they are used, some of the complexities involved and how they can help those outside the U.S. obtain information that may ultimately help lead to successful outcomes.

By Lori Marks-Esterman

5 minute read

March 06, 2024 | New York Law Journal

Arbitration: The Solution to the Cannabis Industry Regulatory Morass

Myrna Barakat Friedman highlights the benefits of arbitration for resolving disputes in the cannabis industry in light of the federal prohibition.

By Myrna Barakat Friedman

8 minute read

March 05, 2024 | New York Law Journal

Mortgage Contingency Clauses; Riparian Rights: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Mason v. Pembroke NY," where a purchaser breached contract by failing to comply with mortgage contingency clause in applying for a larger mortgage than permitted by the clause, and the riparian rights case "Talmidov Inc. v. Marina Holding Corp" involving an action for quiet title, ejectment, trespass and a declaration of easement by necessity relating to land submerged by a body of water near the Sheepshead Bay neighborhood of Brooklyn.

By Scott Mollen

19 minute read

March 05, 2024 | New York Law Journal

FinCEN's Proposed Rule on Residential Real Estate Transactions

In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella discuss FinCEN's recently proposed rule on non-financed residential real estate transactions which "builds on the U.S. government's longstanding focus on the money laundering risks posed by the residential real estate market."

By Peter E. Fisch and Salvatore Gogliormella

10 minute read

March 05, 2024 | New York Law Journal

Let's Imagine a Ban on Prenuptial Agreements

A look at how prenuptial agreements are being interpreted and enforced by the courts in an effort to see why divorce lawyers often see these agreements as "uniquely complex legal instruments that are fraught with the potential for peril."

By Alan Feigenbaum

7 minute read

March 05, 2024 | New York Law Journal

Resilience, Grit, and the Importance of Women's Storytelling

Women's History Month allows firms to celebrate women's social, economic, political and cultural achievements and support the accomplishments and advancements of women and girls.

By Ioana Good

5 minute read