New York Law Journal | Analysis
By Aidan P. O'Connor and Daniel Cohen | May 3, 2024
President Biden signed a law that bans TikTok in the United States unless ByteDance divests itself from the United States within the next 12 months. If the Chinese government continues to block the sale and the ban ensues, Americans and American companies will have to ask what happens when the server host permits you to access their computer per their terms of service, but the government—a third party to the relationship—does not.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan Sack | May 2, 2024
Campaign contributions can reflect genuine support for a candidate's positions and appreciation for ordinary aid to constituents. They can also become a bribe—that is, part of an illegal quid pro quo for political favors. What should the test be for deciding when a campaign contribution turns into a bribe?
New York Law Journal | Analysis
By Richard S. Fries | May 2, 2024
Today's commercial real estate market is in distress and has been, across a variety of asset classes, for several years. The reasons are well-known. Less well known is possibly the surest solution in this down cycle. This is a method to right-size commercial real estate loans where the value of the underlying real estate is so much lower than it was only a few years ago.
New York Law Journal | Analysis
By ALM Staff | May 1, 2024
Leaders of the bench and bar discuss civic engagement and what lawyers can do to promote and protect democracy.
New York Law Journal | Analysis
By Evan T. Barr | May 1, 2024
A recent development in the corruption prosecution of Senator Robert Menendez should set off alarm bells in the white-collar defense bar. While prosecutors have often sought to use statements made by counsel against defendants, bringing criminal charges against a client based on information conveyed during an attorney proffer is unprecedented.
New York Law Journal | Analysis
By Elliott Scheinberg | May 1, 2024
The Third Department, in 'Fitzpatrick v. Tvetenstrand', has now adopted 'Evans' and 'Defisher'. It also logically reads the First Department's decision, 'Sims v. Comprehensive Community Development', abrogated by 'Ornstein v. New York City Health and Hospitals', as also so holding.
New York Law Journal | Analysis
By Jerry H. Goldfeder | May 1, 2024
Bar associations and a variety of civic groups across the country are working overtime to preserve our democratic norms and the rule of law—and these efforts are deep and broad.
New York Law Journal | Analysis
By Joseph A. Zayas | May 1, 2024
Understanding how elections work is essential to any basic understanding of how democracies function. But New Yorkers, in my experience, know very little about how judges are chosen in our state, even though most people appreciate that the courts have a profound impact on their lives.
New York Law Journal | Analysis
By Frederick P. Schaffer | May 1, 2024
Consolidating city elections with races for president or governor is the easiest way to increase the number of New Yorkers voting in races for key city offices. Not only will this dramatically boost voter turnout, it will lead to a more diverse, inclusive electorate.
New York Law Journal | Analysis
By Hector D. LaSalle | May 1, 2024
The ability to exchange ideas with others around the globe in real time is a technological marvel that has provided the world with considerable positive outcomes. Conversely, the digital world has also provided society with situations not immediately apparent in 1996.
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