Analysis

  • New York Law Journal | Analysis

    Using TikTok Could Become a Federal Crime

    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

    When Is a Campaign Contribution a Bribe?

    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

    Primer on Commercial Real Estate Loan Workouts and Right-Sizing, Part I

    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

    Our Votes Shape The 'Very Heart of the Democracy': New York Celebrates Law Day 2024

    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

    Prosecuted for a Proffer

    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

    Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)

    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

    Saving Our Republic

    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

    How New York Selects and Elects Its Judges

    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

    The Case for Moving NYC Elections to Even-Numbered Years

    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

    A Recommitment to Civic Engagement

    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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