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New York Law Journal

COVID-19 Vaccinations and Health Care Workers

As progress toward a COVID-19 vaccine continues to dominate the headlines, a discussion of the implications and legal ramifications a mandated vaccine could have on employers in the healthcare industry.
6 minute read

New York Law Journal

Addressing the "New Normal" for Jurors and Jury Pools

The pandemic pause in civil jury trials presents the opportunity for trial counsel to take a hard look at their pre-pandemic strategic assumptions, allowing time to re-examine and research the thoughts and feelings of the 'new normal' juror and the changed characteristics of the COVID-19 jury pool.
10 minute read

New York Law Journal

Just in Time: New Bankruptcy Relief for Small Businesses

A unique opportunity for Chapter 11 restructuring of small businesses with up to $7.5 million of third-party debt is set to expire early 2021.
8 minute read

New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Matter of Rose Castle Redevelopment II, v. Franklin Realty Corp.," "HH Mark Twain v. Acres Capital Serv.," and " Empire Pipeline Inc. v. Town of Pendleton."
14 minute read

New York Law Journal

Regulating, and Even Prohibiting, Short-Term Rentals

Rules adopted before and during the COVID-19 pandemic limit—and sometimes even bar—the ability of homeowners to rent out their property on a short-term basis. This column discusses how the courts and one home-sharing platform have responded.
10 minute read

New York Law Journal

Heroism On The Frontline: Should Jurors Hear About It?

Exploring the extent to which jurors would be allowed to hear testimony from defendant healthcare providers regarding their involvement in the treatment of COVID-19 patients.
8 minute read

New York Law Journal

When Dicta Runs Amok: Untangling PJI 2:320

Imagine a common scenario: A wrongful death case where the decedent leaves behind a spouse, two children, and a third adult child from a prior marriage…
8 minute read

New York Law Journal

Court Invalidates Some FFCRA Regulations, DOL 'Fixes' Them

Employers looking to comply with the Families First Coronavirus Response Act (FFCRA) have had a wild ride during the past several weeks. First, a federal judge invalidated several parts of the Dep't of Labor's regulations related to the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, which are critical components of the FFCRA. Then, the DOL issued new emergency regulations to address the issues raised by the court.
12 minute read

New York Law Journal

The State of Securities Fraud Litigation in Insolvency Proceedings

With ongoing volatility in global markets and levels of distressed debt at an all-time high, we will inevitably see a surge in bankruptcies in the coming months and years. This article discusses securities fraud claims against insolvent issuers, exploring the differences in jurisdictions.
9 minute read

New York Law Journal

Rent Deferments Challenge Landlords' Statutory Protections in Chapter 11

Beginning with Pier 1 and Modell's, some bankruptcy courts in retail Chapter 11 cases have been allowing debtors to suspend post-petition rent payments to their landlords, in contravention of the generally-accepted practice that such payments must continue to be made. Given the $3 trillion commercial mortgage market, this issue is of critical importance to landlords and banks.
8 minute read

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