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Patricia Kane

Patricia Kane

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

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December 15, 2023 | New York Law Journal

Supreme Court To Consider Forensic Reports and Confrontation Clause — Again

In September, the Supreme Court granted certiorari in 'Smith v. Arizona,' which requires the court to reconsider its precedents on the admissibility of forensic evidence under the Confrontation Clause. As numerous courts and commentators have observed, the court's decisions, especially its 4-1-4 decision in Williams v. Illinois, have left the law muddled. Will 'Smith' provide clarity?

By Paul Shechtman

9 minute read

December 14, 2023 | New York Law Journal

Memorable Dissents of the 20th Century

Supreme Court decisions of far-reaching consequences have often been accompanied by impassioned dissents. This article highlights some of the more notable ones.

By Lee A. Spielmann

11 minute read

December 13, 2023 | New York Law Journal

Attorneys 'On the Move': Goodwin Adds M&A Partner; Phillips Lytle Names New Chief Information Security Officer

And other announcements of recent hirings and promotions of New York attorneys.

By Patricia Kane

3 minute read

December 13, 2023 | New York Law Journal

SEC Amends 13D, But Loopholes Remain

On Oct. 10, 2023, the SEC adopted rule amendments to Schedule 13D/13G reporting of beneficial ownership. This article identifies what the authors feel are "certain information asymmetries" in the rules.

By Sarah Heaton Concannon and Alexander Schwartz

10 minute read

December 12, 2023 | New York Law Journal

Measuring Damages for a Partial Taking by the City of New York: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "City of New York v. Coney Island Plan (Wantanabe)," which involved a determination of the amount of "just compensation" to be awarded to a property owner based on the City of New York taking "part of the subject property."

By Scott Mollen

19 minute read

December 12, 2023 | New York Law Journal

Who Bears Responsibility for Required Condo/Co-Op Apartment Repairs?

In cases where building management and the unit owner disagree on who bears responsibility for making the repairs and/or who bears the repair costs, the attorney's role, whether in representing the cooperative or condominium board on the one side or the opposing apartment shareholder or condominium residential or commercial unit owner on the other, is to focus on the several important tasks, discussed here.

By Adam Leitman Bailey and John M. Desiderio

12 minute read

December 12, 2023 | New York Law Journal

Medicaid Office Expands Self-Disclosure Program, Requires Transparency

A discussion of several state-level changes related to the False Claims Act, specifically how NY has amended its overpayment process and changed how they're processing claims.

By Kirti Reddy and Theresa DeAngelis

8 minute read

December 11, 2023 | New York Law Journal

Divorce Law Ends 2023 on a High Note

Alan Feigenbaum discusses Nassau County Judge Edmund M. Dane's recent decision in 'T.H. v. G.M.'

By Alan Feigenbaum

7 minute read

December 08, 2023 | New York Law Journal

Torts: The Death of Duty of Care

A discussion of a health insurer's ability to overrule a doctor's prescription/plan via the "prior authorization" process, and whether or not this triggers the most fundamental concept in torts: the duty of care.

By Steve Cohen

11 minute read

December 07, 2023 | New York Law Journal

Crackdown on Parking Structures in New York City

The Ann Street parking garage collapse in April has lead to new regulations for New York City parking structures. This article discusses these new regulations and what landlords, building owners and boards need to know about the increased scrutiny and the tight deadlines they will need to meet.

By Scott M. Smiler and Dominic P. Notti

8 minute read