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Patricia Kane

Patricia Kane

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

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November 28, 2023 | New York Law Journal

Protecting Children of Divorce Against Weaponized Social Media, Part 2: What's Being Done?

The use of social media as a weapon in custody cases is a pressing concern. In February and March, he Appellate Division, Second Department ruled on two groundbreaking cases that address the issue—Kassenoff v. Kassenoff and Walsh v. Russell—deciding that narrowly tailored orders prohibiting a divorce litigant from posting on social media during a divorce are constitutionally permissible if the speech to be restrained is likely to produce a serious danger to children. In his three-part series, Gus Dimopoulos, a representative for Allan Kassenoff, the litigant who succeeded in obtaining an order prohibiting social media posting in his divorce, examines the importance the above rulings have on protecting children of divorcing parents. This Part 2 looks at how social media companies and the courts are falling short on providing protection to children.

By Gus Dimopoulos

6 minute read

November 28, 2023 | New York Law Journal

Attorneys 'On the Move': Seyfarth Adds Real Estate Partner; Structured Finance Partner Rejoins Orrick

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

By Patricia Kane

4 minute read

November 27, 2023 | New York Law Journal

SEC Continues Its Strong Focus on Rooting Out Whistleblower Impediments

In the past dozen years the SEC's whistleblower program has awarded about $100 million a year to tipsters. But the price is eternal vigilance over companies' agreements with employees, which sometimes include language impeding their rights to inform the government of wrongdoing. The article looks at how and why the SEC scrutinizes employment agreements and what it does when companies cross the line set down by Rule 21F-17(a), enacted under the Dodd-Frank Act.

By Jorge deNeve, Michele Layne and Jamie Quinn

12 minute read

November 24, 2023 | New York Law Journal

The Employees' Securities Company: An Employee Retention Vehicle

In recent years, a number of professional service firms (including law firms and consulting firms) have established employees' securities companies, or "ESCs" which can provide their employees with benefits intended to compete with those offered by certain other industries, such as investment banking and financial services. This article describes in summary the process of establishing an ESC, the eligibility criteria for an ESC and the types of investments in which ESCs may participate. It also discusses recent trends in the ESC process.

By David A. Form, Oren Gertner and Ellie S. Cohen

12 minute read

November 21, 2023 | New York Law Journal

Laches Defense, Unclear Proxy Language, Action to Quiet Title: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Renaissance Equity Holding LLC v. Ford," "Fowley v. Letitia James, as Attorney General of the State of New York," and "Hamilton v. Financial Freedom Acquisition."

By Patricia Kane

19 minute read

November 21, 2023 | New York Law Journal

Lawsuits Over Construction of Mikvahs Continue in New York

When lawsuits are filed against local governments that delay or block the construction of mikvahs in their communities, the defendants may face claims under local zoning rules as well as under state and federal laws—and under the U.S. and state constitutions.

By Anthony S. Guardino

9 minute read

November 21, 2023 | New York Law Journal

Protecting Children of Divorce Against Weaponized Social Media, Part 1: Exploring the Harmful Effects

In his three-part series, Gus Dimopoulos uses recent decisions such as and '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. Part Two in this series will look at how social media companies and the courts are falling short on providing protection. Part Three will examine what's being done about it.

By Gus Dimopoulos

5 minute read

November 21, 2023 | New York Law Journal

Frederick II: Law Giver, a/k/a Wonder of the World

A look at Frederick II who, behind his numerous titles and positions, including both king and emperor, was an "inexhaustible intellectual adventurer and a bold politician and strategist."

By David Lenefsky

8 minute read

November 20, 2023 | New York Law Journal

Historic Bench Will Hear Oral Arguments in the Bronx on Thursday, Dec. 7

The oral arguments will be heard by a historic bench consisting of all First Department Justices of Color elected in the Bronx.

By Patricia Kane

1 minute read

November 20, 2023 | New York Law Journal

Confessions of Judgment by Out-of-State Residents Are No Longer Enforceable, But Summary Judgment in Lieu of Complaint Can Provide Similar Relief

A discussion of confessions of judgment and the use of summary judgment in lieu of complaint in light of the amendments back in 2019 that made confessions of judgment unenforceable against out-of-state residents. The author comments that "although the amendment is over four years old, I still regularly see litigants demanding confessions of judgment from out-of-state residents in connection with settlement agreements, which are ultimately unenforceable."

By Jason S. Giaimo

6 minute read