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New York Law Journal

You Can't Pause No-Fault Claims

Despite New York's full lockdown since March 23, with only the first steps of reopening beginning on June 8, insurers continued to receive new no-fault claims.The steps taken to "flatten the curve" created numerous challenges to the no-fault arena and there are a number of issues that have yet to be addressed.
8 minute read

The Legal Intelligencer

Ethics Forum: Questions and Answers on Professional Responsibility

I am the attorney for a corporation. One of the directors asked me to represent him in his personal business matters. Can I do so?
7 minute read

New York Law Journal

DOJ's Pandemic-Related Enforcement Priorities Warrant Caution

An examination of Attorney General William Barr's recent direction to federal prosecutors to "prioritize the detection, investigation, and prosecution of all criminal conduct related to the current pandemic," and what the resulting enforcement actions for price gouging, program fraud, healthcare fraud, anti-kickback violations, and consumer protection means for businesses.
8 minute read

Texas Lawyer

Dram Shop Laws—Mandated Social Responsibility

Over 80,000 people die from alcohol-related causes each year in the U.S. The annual cost of alcohol abuse in this country is over $200 billion per year. It's all preventable.
6 minute read

New York Law Journal

Puffery or Not? Courts Examine Corporate Codes of Conduct

Although a number of federal courts have found code of conduct statements to be non-actionable puffery, given the uncertainty in the face of the novel coronavirus pandemic, public companies should review their codes of conduct and revise them if necessary to mitigate litigation risk.
10 minute read

Texas Lawyer

A Perfect Financial Stress Storm: A Q&A With Dorsey & Whitney's Joseph Acosta

Texas Lawyer spoke with Dorsey & Whitney partner Joseph Acosta about the financial health of many big-name oil and gas, retail, restaurants and travel companies.
8 minute read

Texas Lawyer

Can I Fire My Employee for Racially Charged Social Media Posts?

Before making an adverse employment decision, employers should consider all of the factual circumstances to avoid legal jeopardy.
6 minute read

New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the NY Court of Appeals decision in "Regina Metropolitan Co. v. New York State Div. of Hous. & Community Renewal" which presents a common issue under the Rent Stabilization Law: What is the proper method for calculating the recoverable rent overcharge for New York City apartments that were improperly removed from rent stabilization during receipt of J-51 benefits prior to Roberts v. Tishman.
20 minute read

New York Law Journal

Designing a Foreclosure Sale Under the UCC During COVID-19

In their Real Estate Financing column Jeffrey B. Steiner and Scott A. Weinberg review the recent case, D2 Mark v. OREI VI Investments to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.
8 minute read

Corporate Counsel

Criminal Liability Risks for Compliance Officers: a Multi-Jurisdictional Perspective—Part I

Amid ever-increasing regulatory complexity and diversification, it's important to stay on top of the current criminal enforcement risks for companies and their compliance departments. Part I of this two-part series homes in on the U.S., France and the Netherlands.
9 minute read

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