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New York Law Journal

Applying Merger Doctrine to Contracts for Sale of Real Estate

In their Transactional Real Estate column, Peter Fisch and Sal Gogliormella discuss the merger by deed doctrine including how New York courts apply it compared to other states.
9 minute read

New York Law Journal

The Knowns and Unknowns of Crossing the AI Frontier

"There are a number of open questions with all regulation of AI, and in particular with regard to Frontier models. Over the next year or more, there will be additional clarity (I predict) around what capabilities and quantification measures constitute a Frontier model, how to measure those metrics, and what kind of controls should or need to be imposed."
6 minute read

New York Law Journal

Breakup Shakeup: How Couples Navigate Co-Owned Businesses

A discussion of the challenges faced by couples who co-own businesses and are going through a breakup or divorce, emphasizing the importance of careful planning and clear agreements to address issues such as decision-making, responsibilities, additional capital needs, and exit strategies.
7 minute read

New York Law Journal

Get Outta My House! Property Owners vs. Squatters

Lawmakers at the state and city level have responded to the increase in squatting with new legislation and regulations designed to address this issue. Real Estate attorneys Scott Smiler and Michelle Quinn, partners at Gallet Dreyer & Berkey, explain these new changes and why they're happening now after decades of squatter-friendly laws.
6 minute read

New York Law Journal

The Future Is Loper Bright: A Brief Examination of the FTC's Competition Rulemaking Authority in the Post-'Chevron' Era

This article considers what deference the FTC actually enjoyed under 'Chevron', what that deference might look like now that 'Chevron' has been overturned, and what other legal grounds the FTC is likely to invoke to support its competition rulemaking authority moving forward.
14 minute read

New York Law Journal

Piercing the Corporate Veil: Finding the Common Thread

A look at the key factor(s) present in most recent cases where the corporate veil was pierced.
13 minute read

New York Law Journal

The Art of Drafting Enforceable Prenups

Even though it is very difficult to set aside a New York prenup, it is not impossible.
8 minute read

New York Law Journal

The Perils of the Nonexistent Arbitral Institution

The impetus for this column was the recent decision in 'Spineway SA v. Strategos Group', in which parties acknowledged that they had agreed to arbitrate their dispute, but disagreed about the arbitral institution and corresponding rules.
11 minute read

New York Law Journal

Alleged Racial Discrimination; Succession Defense: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Elango Medical PLLC v. Trump Palace Condo," where the court dismissed claims by a doctor alleging she was barred from renting in Trump building because of her race, and "Owl Creek Properties, LLC v. Timmons," where the respondent established a succession defense and the court dismissed the holdover proceeding.
18 minute read

New York Law Journal

Thorny Zoning Questions Posed by EV Charging Stations

Given the growing popularity of EVs, property owners, municipalities and developers need to be aware of zoning ordinances relating to EV charging stations.
10 minute read

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