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New York Law Journal

Second Department Seeks Termination of Sua Sponte Dismissals of Complaints

While it's well settled law in all four appellate departments that "a court's power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal," trial courts continue to disregard this stentorian directive with no end in sight.
11 minute read

New York Law Journal

Motion to Reconsider, Attorney Fees Reduced, Religious Discrimination

This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Margo K. Brodie denied defendant's motion for reconsideration in a case involving alleged sexual abuse by a priest. Magistrate Judge Lee G. Dunst granted, but substantially reduced, attorney's fees to plaintiffs' counsel. And Judge Joan M. Azrack granted defendants' motion to dismiss plaintiff's state law discrimination claim under the election of remedies doctrine but allowed plaintiff's federal law discrimination claim to proceed in part.
8 minute read

New York Law Journal

SEC v. Crypto: With the Battle Lines Drawn, Who Has the Advantage?

In the past year, a number of courts have issued significant rulings in the SEC's high-profile crypto enforcement actions. Far from bringing the necessary regulatory clarity the crypto industry has been seeking, these rulings have been inconsistent and have left even more open questions. Both the SEC and the industry now have ammunition for their respective legal positions, but who has the better argument?
14 minute read

New York Law Journal

Insurer Wins Unanimous Decision in New York Choice of Law Battle

Count a gritty marine insurer as part of the exclusive Supreme Court's 9-0 club; winners by knockout in a hotly contested marine insurance dispute that braved its way from the District of Pennsylvania to the Third Circuit and ultimately landed in the Supreme Court.
6 minute read

New York Law Journal

Annual SEQRA Review: Project Applicants Winning More Cases

This annual review discusses the most important SEQRA decisions of 2023. All 46 will be included in the next annual update of "Environmental Impact Review in New York".
11 minute read

New York Law Journal

An Unpredictable Journey: What Companies Should Know Before Self-Disclosing to DOJ

In recent years, the DOJ has been beating the self-disclosure drum with a series of policies designed to encourage and reward corporate self-disclosure of misconduct. Yet, these policies also make clear that self-disclosure alone does not beget a declination.
8 minute read

New York Law Journal

Supreme Court Radically Shifts Landscape for Administrative Enforcement

Milbank partners George Canellos and Tawfiq Rangwala and special counsel John Hughes discuss the real-world impact that "SEC v. Jarkesy" will have on SEC enforcement.
11 minute read

New York Law Journal

Failure To Comply With RPAPL Article 13; Housing Discrimination: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Freedom Mortgage Corp. v. Thomas," and "Smith v. Davis."
14 minute read

New York Law Journal

Officially Unofficial: Who Qualifies as a 'Foreign Official' Under the Foreign Extortion Prevention Act?

Among the differences between the Foreign Corrupt Practices Act (FCPA) and is the Foreign Extortion Protection Act (FEPA) is the definition of a "foreign official." The FCPA definition is "any officer or employee of a foreign government or any department, agency, or instrumentality…or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality." The FEPA adds "any person acting in an unofficial capacity." What defines "unofficial capacity" is the focus of this article.
14 minute read

New York Law Journal

Fifth Circuit Weighs In, Finds Section 523(a) Applies to Corporate Debtor in Subchapter V

The Fifth Circuit, in 'In re GFS Industries', recently issued a decision siding with the controversial 'Cleary Packaging' decision. All of a sudden, the subchapter V debtor's efforts to use a streamlined procedure could be undermined by Section 523(a) litigation even outside the Fourth Circuit.
7 minute read

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