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New York Law Journal

Growing Exterritorial Expansion of RICO

Within months of the Supreme Court's decision in 'Yegiazaryan v. Smagin', a significant number of federal appellate courts applied the new precedent with impressive speed, thoroughness and consistency. In doing so, the Courts of Appeals have expanded the scope of RICO into terrain in which older decisions had not dared to tread.
16 minute read

New York Law Journal

Great Expectancies: Anticipating Inheritance

Given their druthers, parents generally prefer to treat children equally when it comes to passing on parental property upon death however situations may exist where transfers can be fair and equitable, even though not in equal amounts or shares.
9 minute read

New York Law Journal

California and Europe Require Scope 3 Climate Disclosures Despite SEC Retreat

On March 6, 2024, the SEC issued its final rule that notably eliminated Scope 3 disclosures by public companies—but companies that don't want to make these disclosures should not rejoice, as new requirements from both California and Europe do mandate this information and apply to most large companies operating in the United States.
11 minute read

New York Law Journal

Primer on Commercial Real Estate Loan Workouts and Right-Sizing, Part II

This two-part series examines several options for the commercial real estate loan in distress. As the second installment of this series, this article identifies and examines a more creative approach, one which right-sizes the loan and the underlying real estate and resets value for today's market.
11 minute read

New York Law Journal

Are SEC and FINRA Administrative Hearings Unconstitutional?

For the past eighty-five years, the securities industry has been regulated by the SEC and designated SROs under its supervision. But that system is changing.
7 minute read

New York Law Journal

Trafficking Claims, Repatriation Request and Indictment Dismissal Denied

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Ann M. Donnelly denied a motion to dismiss a complaint alleging claims of forced labor and trafficking and, in a second, unrelated matter, denied a mother's petition under the Hague Convention to repatriate her child to England. Chief Judge Margo K. Brodie denied defendants' motion to dismiss the indictment against them or for an in camera review of the grand jury minutes.
8 minute read

New York Law Journal

Warning: Petitioners Can Be Personally Liable for Guardianship Fees

Counsel to petitioners in guardianship matters should specifically advise clients that they may be personally liable for the fees of court appointees.
7 minute read

New York Law Journal

Holdover Proceeding; Lease Insurance Requirement; Warrant of Eviction: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Steiner v. Klein," "191 Chelsea LLC v. Sal's Convenience Corp." and "Easter Home v. Pal Partner."
15 minute read

New York Law Journal

'Bazdaric', the 'Integral to the Work' Defense and the 'Slippery Condition' Provision of Industrial Code 23

In his Construction Accident Litigation column, Brian J. Shoot focuses on a single Court of Appeals ruling, 'Bazdaric v. Almah Partners', and the two issues that were presented in that case.
14 minute read

New York Law Journal

Fourth Circuit Upholds Denial of Trademark Registration for Timberland Boot Design

On April 15, 2024, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision denying trademark registration to TBL Licensing LLC for its Timberland boots.
9 minute read

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