New York Law Journal | Analysis
By Chuck Kreindler, Jeff Kern and Michael Gilbert | July 5, 2024
The U.S. Supreme Court and numerous circuit courts are seriously narrowing the scope of behavior that constitutes criminal fraud. This developing legal landscape requires defense counsel to rethink strategies on how to best defend against federal criminal fraud allegations.
New York Law Journal | Analysis
By Mark E. Bini, Kaela Dahan and Victoria L. Jaus | July 5, 2024
Two recent cases illustrate that the detention or release of foreign white-collar defendants pending trial almost always rests upon the DOJ's recommendation, and appears to result in sometimes inconsistent results.
New York Law Journal | Analysis
By Thomas E. L. Dewey | July 3, 2024
In 'In re Tenaris S.A. Securities Litigation', Judge Kiyo Matsumoto found that the proposed settlement satisfied both procedural and substantive fairness. As to procedural fairness, the court found that the settlement resulted from arm's-length negotiations enhanced by substantial discovery and that lead plaintiffs and lead counsel had adequately represented the settlement class because they had engaged in "vigorous advocacy" on its behalf.
New York Law Journal | Analysis
By Jeffrey A. Galant | July 3, 2024
A noteworthy aspect of such planning, and the focus of this article, is the benefit, if any, of planning in advance for the relief from certain federal income tax liabilities potentially available to a married couple who reside together.
New York Law Journal | Analysis
By C. Raymond Radigan and Tara E. Mahon | July 3, 2024
A fiduciary of an estate must carefully balance his or her responsibilities to creditors of the decedent and to beneficiaries of the estate. A fiduciary "must act in good faith in the treatment of both" creditors and beneficiaries.
New York Law Journal | Analysis
By Kevin V. Small, Joseph J. Saltarelli and Charlotte Leszinske | July 3, 2024
This is part three in a series of articles explaining the fundamentals of Commercial Division practice. The article addresses key dates and deadlines that arise when litigating in the Commercial Division.
New York Law Journal | Analysis
By Mimi Lamarre | July 3, 2024
Candidates are now meeting around six to 10 attorneys at a firm, while in previous years they had to meet four or five, noted one recruiter.
New York Law Journal | Analysis
By Lara Flath, Jacob Fargo and Gaby Colvin | July 2, 2024
This article provides an overview of the rules that authorize courts to impose sanctions and examples of courts employing this power, particularly via monetary fines and other penalties, to deter discovery violations.
New York Law Journal | Analysis
By Mark A. Berman | July 1, 2024
Recent decisions addressing AI-enhanced evidence and AI-generated results demonstrate that courts want to know what is in the "black box" and, without understanding the "black box," courts are unwilling to accept AI-created results.
New York Law Journal | Analysis
By Martin A. Schwartz | July 1, 2024
The U.S. Court of Appeals for the Sixth Circuit recently issued an important decision on the use of taser force against a passively resisting suspect in 'Saalim v. Walmart'.
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