New York Law Journal | Analysis
By Thomas J. Hall | October 19, 2017
In his Commercial Division Update, Thomas J. Hall writes: The narrowness of the doctrines of impossibility and frustration of purpose—and their questionable utility for litigators—underscores the importance of striving during the contract drafting process to include contingency clauses providing for foreseeable possibilities and language making clear the contract's purpose.
New York Law Journal | Analysis
By Samuel Estreicher and Holly H. Weiss | October 19, 2017
In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss cases recently argued before the U.S. Supreme Court that, at their core, concern how two federal statutes—the FAA and the NLRA—interact and raise the basic question of whether the NLRB has authority to regulate arbitration agreements in the nonunion sector.
New York Law Journal | Analysis
By Patty Morrissy | October 19, 2017
Will that role as the female hiring partner drain your practice development?
New York Law Journal | Analysis
By Colby Hamilton | Josefa Velasquez | Christine Simmons | October 18, 2017
Despite running entirely unopposed, Vance has raised $344,732 in contributions this year. The donations range from multiple individual $10,000 donations, to a $10 donation from Upper East Side resident Matthew McEnerney. The list is also chock-full of attorneys.
New York Law Journal | Analysis
By John Fellas | October 18, 2017
In his International Arbitration column, John Fellas discusses how to avoid submitting a witness statement that is a time-bomb—a statement that apparently strongly supports your client's case at the time it is submitted, but that, months later at the hearings, blows up in the witness's face the minute she is cross-examined about it.
New York Law Journal | Analysis
By David B. Saxe and Danielle C. Lesser | October 18, 2017
David B. Saxe and Danielle C. Lesser discuss the First Department's review of Commercial Division cases, specifically cases addressing the issue of loss causation in the securities fraud context.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | October 18, 2017
In their Taxation column, Elliot Pisem and David E. Kahen write: 'Avrahami' was at least arguably an extreme case in several respects, but seems likely to encourage the IRS to pursue tax adjustments with respect to transaction structures involving micro-captives.
New York Law Journal | Analysis
By Barry Kamins | October 18, 2017
In his Criminal Law and Procedure column, Barry Kamins picks up with the second part of his review of new criminal justice legislation.
New York Law Journal | Analysis
By Scott E. Mollen | October 17, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Hahn v. Hagar” where the court held that development rights are considered 'real property' under RPAPL §1602; but that the plaintiffs failed to establish their entitlement to relief pursuant to that statute, and “Bodenstab v. Saint-Gobain Performance Plastics Corp,” which involved 16 consolidated cases arising from the contamination of groundwater.
New York Law Journal | Analysis
By David J. Kaufmann | October 17, 2017
In his Franchising column, David J. Kaufmann writes: The requirements, restrictions, prohibitions and clarifications introduced by the 2017 NASAA FPR Commentary are truly significant, the most extensive overhaul of the rules governing financial performance representations since 1993.
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