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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 06, 2023 | New York Law Journal

The Imperative for New York To Adopt the 2022 Amendments to the UCC

Alan Kolod and Eric Marcus, members of the subcommittee of the NYC Bar Association committee that helped prepare the New York version of the 2022 UCC Amendments, share their views on the importance of New York enacting the new proposed amendments to the Uniform Commercial Code.

By Alan Kolod and Eric Marcus

8 minute read

December 05, 2023 | New York Law Journal

Statute of Limitations for Mortgage Foreclosure Actions; Illegal Lockout Proceeding: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Bank of N.Y. Mellon v. DeMatteis," where the court held that the bankruptcy stay pursuant to Section 362(a)(1) (§362) "tolls the [statute of limitations] for commencing a mortgage foreclosure action against the defendant debtor, regardless of whether that defendant owns the property at the time of the bankruptcy filing," and "Knowles v. 21st Mtge. Corp.," a landlord-tenant case where the court held that the tenant's failure to pay bills did not constitute abandonment of property.

By Scott Mollen

19 minute read

December 05, 2023 | New York Law Journal

The Well-Intended Human Rights Violation

Regardless of intent, residential real estate professionals, owners, and landlords in New York could be violating New York's complex human rights law. Here, attorney, Cori Rosen, the expert human rights attorney at Rosenberg & Estis, along R&E members Gary Rosenberg and Ethan Cohen, explore the obligations of real estate professionals, and the best ways to mitigate exposure to opportunistic litigation.

By Gary M. Rosenberg, Cori A. Rosen and Ethan R. Cohen

8 minute read

December 05, 2023 | New York Law Journal

Protecting Children of Divorce Against Weaponized Social Media, Part 3: How Automatic Orders Against the Use of Harmful Social Media Offer Protection for Children

In this three-part series, Gus Dimopoulos uses recent decisions such as Kassenoff v. Kassenoff and Walsh v. Russell to discuss the detrimental effects of social media on children in divorce cases and the importance the above rulings have on protecting children of divorcing parents. This final part looks at what's being done to stop harmful content at its source, and how the New York court administration should make the benefits of recent holdings available to all divorce litigants and their children through standing, automatic orders precluding disparaging posts about the parties and their children.

By Gus Dimopoulos

12 minute read

December 04, 2023 | New York Law Journal

Trademark Board Decision Clarifies Abandonment Principles

A recent decision of the Trademark Trial and Appeal Board contains several important principles to evaluate abandonment claims.

By Tal S. Benschar

5 minute read

December 01, 2023 | New York Law Journal

Will Biden's AI Executive Order Give Clarity on the Issue of Inventorship?

President Biden passed an executive order on October 30 that creates new standards, safety, and security in AI systems. The new standards are meant to protect consumers from data breaches in AI systems and scammers using AI to take advantage of people. This artcle discusses what companies and consumers need to know about the new order.

By Mary Grieco and Andrew Lustigman

6 minute read

November 30, 2023 | New York Law Journal

Federal Pretrial Diversion Programs: Past, Present, and Future

A discussion of the effectiveness of alternatives to incarceration (ATI). Authors Alan Vinegard, former U.S. attorney for the Eastern District, and Zora Franicevic summarize data from the last 20 years on the effectiveness of ATI as a form of punishment in our country's criminal justice systems.

By Alan Vinegrad and Zora Franicevic

19 minute read

November 29, 2023 | New York Law Journal

Congress Should Amend the Diversity Statute to Address LLCs

Marc Greewald and Leigha Empson discuss how Congress should amend the diversity statute so that citizenship of LLCs for the purposes of diversity jurisdiction would be determined by the LLC's principal place of business and the state under whose laws it is organized, not by the citizenship of each of its members.

By Marc L. Greenwald & Leigha Empson

12 minute read

November 28, 2023 | New York Law Journal

Illegal Lockout; Unpaid Assessments and Maintenance; Nonpayment Eviction: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Oneway Boutique v. 681 Bay," "36 W. 35th Apt. Corp. v. Oliveira," and "2108 Amsterdam LLC v. Rodriguez."

By Patricia Kane

14 minute read

November 28, 2023 | New York Law Journal

Hotel Franchises: A Potential Shift in Power Through the Courts?

Hotel franchisees are advocating in favor of a bill currently pending in New Jersey that seeks to codify certain protections for hotel franchisees and, in effect, reconfigure the relationship between hotel owners and franchisors. In their Hospitality Law column, Todd Soloway and Bryan Mohler discuss this effort by hotel franchisees to seek redress in court, and key takeaways for hotel industry stakeholders.

By Todd E. Soloway and Bryan T. Mohler

8 minute read