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New York Law Journal

Shadow Trading: How Far Can the SEC Expand the Insider Trading Prohibition?

The SEC's long, successful campaign against insider trading has been legally predicated on two words—"deceptive device"—in Section 10(b) in the Securities Exchange Act. In terms of its legal authority, the SEC has little else to rely on, as insider trading is nowhere defined in federal legislation.
10 minute read

New York Law Journal

Put PR To Work as an Effective Part of Strategic Law Firm Business Development

A successful PR program not only aligns with business development strategy but also has a real role in driving it. With the right conversations, processes and buy-in—and a clear understanding of common hurdles—a PR program can be a key pillar in business development success.
8 minute read

New York Law Journal

'Farhy v. Commissioner': D.C. Circuit Reverses Win for Taxpayers

This article reviews the two decisions in 'Farhy v. Commissioner' and discusses the implications for determining the assessability of penalties going forward.
8 minute read

New York Law Journal

Habeas Law and the Sex Shaming of Brenda Andrew

Brenda Andrew's was convicted in Oklahoma of her estranged husband's murder in a trial in which the prosecutor dangled her throng underwear before the jury and otherwise "sex shamed" her. She has petitioned the U.S. Supreme Court to hear her case. Do the constraints of federal habeas law (AEDPA) make that unlikely?
8 minute read

New York Law Journal

Reasonableness of Property Sale; Unclean Hands: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "JCMC W. 34 Mezz II LLC v. Penn Hotel Jr. LLC," and "214 Lafayette House LLC v. Akasa Holdings."
17 minute read

New York Law Journal

Starting Your Case: Preliminary Matters, Pleadings and Appearances in the NY Commercial Division

This article is part two in a series explaining the fundamentals of Commercial Division practice. It addresses the first steps taken when litigating in the Commercial Division, including preparation and filing of pleadings, appearances and corporate disclosure statements.
8 minute read

New York Law Journal

What Lawyers Now Need To Know About COVID-19 Tolling in New York

A discussion of two recent Court of Appeals decisions interpreting the COVID-19 executive orders that tolled statutes of limitations.
11 minute read

New York Law Journal

A Deed In a Box: A Rare NY Case Where It Was Tied Up With Bow

A seemingly tidy and fair solution to a very complicated problem, a deed in escrow gives a borrower additional time to sell or refinance its property while still giving the lender an efficient means to obtain the property if the borrower defaults anew. This is hardly a gift in New York though, where the oft-called "deed in a box" is almost always held to be unenforceable.
6 minute read

New York Law Journal

Court of Appeals Overturns Weinstein Criminal Conviction

The Court of Appeals recently overturned the criminal conviction of Hollywood producer Harvey Weinstein. The majority opinion reversed a decision of the Appellate Division, First Department that had affirmed Weinstein's conviction. There were two strongly worded dissents by Judges Singas and Cannataro.
7 minute read

New York Law Journal

ABA's 2024 Antitrust Spring Meeting: Key Topics and Takeaways

This article highlights the overarching themes from the American Bar Association's 2024 Antitrust Spring Meeting, including emerging technology, agency enforcement and prevailing competitive concerns.
11 minute read

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