New York Law Journal | Analysis
By Vincent DiLorenzo | October 5, 2017
Vincent DiLorenzo writes: Real estate owners and developers often form limited liability companies (LLCs) to shield themselves from liability. Is this an effective means to accomplish this purpose? Curiously, the New York case law had little to say on this issue until a 2016 Second Department decision.
New York Law Journal | Analysis
By David E. Schwartz and Risa M. Salins | October 5, 2017
In their Labor Relations column, David E. Schwartz and Risa M. Salins discuss recent decisions addressing what happens when an attorney uses confidential information to blow the whistle on a current or former client, and examine key considerations governing attorney conduct in whistleblower cases.
New York Law Journal | Analysis
By Josefa Velasquez and B. Colby Hamilton | October 4, 2017
New York's Court of Appeals is set to review the first in a potential steady stream of suits challenging the broad application of a law shielding certain documents in the personnel files of police officers and other public employees from public exposure.
New York Law Journal | Analysis
By Gary Eisenberg | October 4, 2017
Gary Eisenberg writes: Retail bankruptcies continue apace in 2017. Their effects on commercial real estate are potentially widespread. What has been less well understood is how changes to the Bankruptcy Code from over a decade ago and trends in bankruptcy practice have combined to limit considerably the likelihood that any retailer filing for Chapter 11 bankruptcy relief can emerge successfully as a reorganized company.
New York Law Journal | Analysis
By Barbara M. Goodstein | October 4, 2017
In her Secured Transactions column, Barbara M. Goodstein writes: The nature of electricity as an asset under the UCC will undoubtedly become more of an issue over time. Overall, most courts considering the issue have held electricity to constitute “goods,” although the bankruptcy cases continue to be divided. New York courts are the sole outlier in non-bankruptcy cases.
New York Law Journal | Analysis
By Ethan A. Brecher | October 4, 2017
Ethan A. BrecherThe consequences to a Financial Industry Regulatory Authority (FINRA) registered representative for not paying an adverse arbitration…
New York Law Journal | Analysis
By Michael J. Hutter | October 4, 2017
In his Evidence column, Michael J. Hutter continues his discussion of 2016-2017 evidence decisions which were important due to their practical impact but which might be overlooked by the bench and bar due to their less-heralded nature.
New York Law Journal | Analysis
By Warren Estis and Michael Feinstein | October 3, 2017
In their Landlord-Tenant Law column, Warren Estis and Michael Feinstein discuss the Second Department Appellate Term's decision in 'Scarborough Manor Owners Corp. v. Robson' and find the decision makes clear that the landlord's acceptance of rent for a period after the termination of the lease and prior to the commencement of a summary proceeding will not in all instances result in the reinstatement of the tenancy.
New York Law Journal | Analysis
By Craig A. Newman and Maren J. Messing | October 3, 2017
Craig Newman and Maren J. Messing write: A legal feud is currently playing out in New York state court between the world's biggest hedge fund administrator and a former client, and it all started with an email from an address containing a single extra letter. At the center of the lawsuit is the question of responsibility for an email scam that resulted in hackers stealing millions in client funds, and it is a case study in the mounting problem of cyber wire fraud and allocating fault when funds go missing.
New York Law Journal | Analysis
By Jeffrey S. Klein and Nicholas J. Pappas | October 3, 2017
In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas discuss some recent controversies involving employee speech and the laws governing employers' ability to regulate and respond to disruptive speech in the workplace.
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