October 01, 2024 | New York Law Journal
To Appeal or Not To Appeal: That Is the QuestionTo appeal or not to appeal, that is a question faced eventually by every litigator. But questions relating to the facts of a case or the applicable law aside (for the moment), what do the statistics demonstrate for the appellate practitioner?
By Gary M. Rosenberg and Bradley Silverbush
8 minute read
October 01, 2024 | New York Law Journal
Municipalities Not Exempt From Vicarious Liability: This Week in Scott Mollen's Realty Law DigestScott Mollen discusses "Gilead Cmty. Servs. Inc. v. Town of Cromwell," which is "of interest because it analyzes, inter alia, when punitive damages are available, when the amount of punitive damages may exceed the limits of constitutional due process and when a municipality may be subject to punitive damages based on the conduct of its officials."
By Scott Mollen
14 minute read
October 01, 2024 | New York Law Journal
Ensuring That Trusts Created During a Marriage Survive a DivorceThe treatment of trusts in divorce proceedings can complicate what might otherwise seem like straightforward estate planning.
By Alyssa Rower and Karina VanHouten
8 minute read
September 30, 2024 | New York Law Journal
The Legal Profession: Obligations of Constitutional Proportion"Having just celebrated Constitution Day and on the heels of a major Presidential election, as always, I hold the Constitution dear and recognize the enormity of my duty to make sure that I—as an American citizen and a public servant—uphold the principles and ideals therein."
By Sondra Mendelson-Toscano
8 minute read
September 30, 2024 | New York Law Journal
Serious Injuries UpdateUsing case law, the authors discuss the requirements bringing a lawsuit under Insurance Law §5102(d).
By Kenneth E. Pitcoff and Andrea M. Alonso
19 minute read
September 30, 2024 | New York Law Journal
Establishing New Test for Cost-Shifting, Court Allocates Costs for Data Security in DiscoveryIn their E-Discovery column, Christopher Boehning and Daniel Toal discuss the recent decision in United States v. Anthem, Inc., which addressed the question of how to allocate data security costs between parties and established a new test to determine when and whether cost-shifting may be appropriate.
By Christopher Boehning & Daniel J. Toal
9 minute read
September 27, 2024 | New York Law Journal
Deductibility of Promotional Expenses: Stock Car Racing?A discussion of the unique Tax Court case 'James W. Avery,' where, in connection with promoting his law practice, attorney James Avery attempted to deduct expenditures he incurred as a race car driver.
By Jeffrey A. Galant
7 minute read
September 27, 2024 | New York Law Journal
The Family Court Assigned Counsel Panel: If Not You, Who?"Our statewide Family Court panels, are in crisis. They are in need of new, experienced practitioners to replace the many who have been retiring in recent years as the numbers of litigants in need of Assigned Counsel services have increased."
By Philip Katz
5 minute read
September 27, 2024 | New York Law Journal
The Missing Law for Pets of Unmarried PartnersAs of 2021, the interests of pets of divorcing married partners are well-protected. However, there is a gap in the law for pets of separating partners who were never married. Those unlucky pets are still being treated the same as furniture and cars.
By Ian Steinberg and Samantha Cooper
6 minute read
September 26, 2024 | New York Law Journal
How Senior Marketing Professionals Can Transition to the Legal WorldFour senior professionals from legal marketing talked about the differences that make their "new" roles in the law different from their previous marketing roles.
By Erika Steinberg
7 minute read