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New York Law Journal

Discretionary Trusts Present Vulnerabilities to Beneficiaries Without Prenuptial Agreements

In New York, assets held in trusts established and funded by a third-party for the benefit of a spouse are excluded from the marital property estate; however, if the beneficiary has access to a discretionary trust during the marriage, certain issues may still arise in a divorce.
8 minute read

New York Law Journal

New York's Highest Court Weighs in on COVID-Related Commercial Property Insurance Claims

Many businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.
9 minute read

New York Law Journal

What's Next for Supreme Court Jurisprudence on Public Corruption?

With U.S. Senator Bob Menendez on trial for bribery fraud and corruption‑related offenses, any conviction will almost assuredly be followed by an appeal. This article analyzes the state of Supreme Court jurisprudence on public corruption, including the crimes of honest services fraud and extortion under color of official right. It also highlights potential trends and future legal issues that might arise in other federal public corruption cases.
8 minute read

New York Law Journal

New York Courts Support Bad Faith Claims Where Insurance Companies Unreasonably Delay and Deny Claims

Anderson Kill's Cort Malone and Kathleen Gatti spotlight a May 29 ruling from the Northern District of New York allowing a bad faith claim against an insurer to go forward, reaffirming policyholders' right to seek consequential damages when insurance companies unreasonably delay or deny claims.
7 minute read

New York Law Journal

Piercing the Corporate Veil; Impossibility Defenses Rejected: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Three Amigos Holding Inc. v. Maxben Holdings," "Paramount Leasehold v. Krasny Office," and "PLG Bedford Holdings v. Prestige Deli & Grill Corp."
12 minute read

New York Law Journal

The Impact of Artificial Intelligence on Construction: Is the Real Estate Industry Adapting to Its Rise?

Generative artificial intelligence (AI) has the potential to transform the real estate industry, but are owners and developers and construction managers adapting to its rise?
5 minute read

New York Law Journal

Re-examining the Contours of Consent-Based Personal Jurisdiction

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss Fuld v. PLO, which "reexamines the contours of consent-based personal jurisdiction and deepens the debate over whether the Fifth and Fourteenth Amendments impose different due process limits."
8 minute read

New York Law Journal

Strategic Estate Planning Before 2026 BEA Change Can Protect Taxpayer Assets from Gift and Estate Tax

In 2017, Congress enacted the Tax Cuts and Jobs Act, doubling the estate and gift tax exemption. This increase is set to expire on Jan. 1, 2026, reverting to pre-TCJA levels. Taxpayers should understand strategies to take advantage of the increased exemption before it expires to shield their assets from future gift and estate taxes. Stephen L. Ferszt, chair of Olshan Frome Wolosky's Employee Benefits Practice discusses the complex landscape of estate planning and the critical decisions taxpayers need to make before the BEA rollback takes effect.
5 minute read

New York Law Journal

Who Holds the Power to Interpret Arbitration Agreements? SCOTUS Tests the Scope of 'Delegation" in Multi-Contract Cases

When a party moves to compel arbitration, the first question for a court is: has arbitrability been delegated to the arbitrator? The U.S. Supreme Court recently clarified the scope of such delegation provisions in Coinbase v. Suski, discussed below.
8 minute read

New York Law Journal

Geofencing and Individualized Suspicion

Geofencing continues to be used by law enforcement nationwide and its controversial nature has only grown. This article will address the Fourth Amendment implications in its continued use.
12 minute read

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