Analysis

  • New York Law Journal | Analysis

    Alabama Senator-in-Waiting Roy Moore and Constitutional Anarchy

    By Christopher Dunn | October 5, 2017

    In his Civil Rights and Civil Liberties column, Christopher Dunn writes: Roy Moore's Alabama primary win to become the Republican candidate for a U.S. Senate seat is big news for the world of constitutional law. Moore's defiant approach to the federal courts has surfaced most dramatically around two hot-button issues: a Ten Commandments monument and gay marriage.

  • New York Law Journal | Analysis

    Unlimited Liability in Limited Liability Companies

    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

    Attorneys as Whistleblowers

    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

    New York's Top Court's Big Test: Law Shielding Police Personnel Records

    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

    Retail Bankruptcy Trends

    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

    The Electricity Sector Heats Up. But Is Electricity a 'Good' Under Article 9?

    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

    Failing to Pay a FINRA Arbitration Award: The Good, The Bad and The Ugly

    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

    Notable Decisions From the 2016-2017 Term, Continued 

    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

    Acceptance of Rent After Lease Termination: Does It Reinstate the Tenancy? It Depends

    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

    First Department Sustains Claims Against Fund Administrator After Hackers Grab Millions

    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.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›