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New York Law Journal

Court of Appeals Clarifies New York's Approach to 'Successor Jurisdiction'

The Court of Appeals recently took up successor jurisdiction for the first time. In response to a question certified to it by the Second Circuit, the court held that an entity that acquires all of another entity's liabilities and assets also inherits the selling entity's jurisdictional status.
7 minute read

New York Law Journal

Standing in Establishment Clause Challenges

In 'Citizens United to Protect Our Neighborhoods, et al., v. Village of Chestnut Ridge', the Second Circuit considered whether the district court properly dismissed plaintiffs' complaint for lack of subject matter jurisdiction on the basis that plaintiffs lacked constitutional standing.
8 minute read

New York Law Journal

The Family Court is Just Another Court—Or is It?

To an observer, Family Court appears to be, with minor exception, similar to every judicial tribunal. However, the foundation, philosophy, and experiences of Family Court are unique.
6 minute read

New York Law Journal

Stepchildren as Eyewitnesses of Domestic Abuse

According to a survey sponsored by the OJJDP, 1 in 15 children are exposed to intimate partner violence each year; 90% of them are eyewitnesses to domestic violence incidents. From a legal perspective, are there some approaches and strategies to keep in mind when the alleged perpetrator is the "new parent" and the eyewitness is their stepchild rather than biological child?
9 minute read

New York Law Journal

Why Industry Experience Is Important in Insurance and Reinsurance Alternative Dispute Resolution

Much like judges, mediation purists believe that a good mediator can manage any dispute because mediation skills, like judicial skills, apply across every type of dispute in every type of industry.
9 minute read

New York Law Journal

Has the Seventh Circuit Opened the Door for Distressed Investors Through Limiting the Risk of Failed LBOs or Other Stock Sales?

In March, the Seventh Circuit held that the same safe harbor provisions in the Bankruptcy Code may also extend to leveraged acquisitions structured as a purchase of privately held stock.
10 minute read

New York Law Journal

Confessions of Two Former General Counsels—Has Arbitration Changed or Have We?

Arbitration has evolved significantly in the last decade. What general counsel once viewed skeptically has now become the norm and an effective method to resolve disputes. Noah Hanft, arbitrator and mediator with FedArb, along with co-author Lorraine Mandel, also an arbitrator and former general counsel, will walk readers through the many historic concerns of arbitration and update for its current approach.
8 minute read

New York Law Journal

Supreme Court Confirms 'Pure Omissions' Cannot Support Securities Fraud Liability

In a significant decision regarding the scope of the federal securities laws' anti-fraud provisions, the U.S. Supreme Court held that "pure omissions" are inactionable under Section 10(b) of the Securities Exchange Act and its enabling rule, SEC Rule 10b-5.
9 minute read

New York Law Journal

Adverse Possession; Yellowstone Injunction; Tenancy Succession: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Henry v. Khan," "East 54th Operating LLC v. Brevard Owners, Inc.," and "Batts v. Carrion."
16 minute read

New York Law Journal

An Uncharitable Regulation: Tax Court Invalidates Conservation Easement Regulation

In their Financing column, Ezra Dyckman and Charles Nelson discuss the recent Tax Court case, Valley Park Ranch, LLC v. Commissioner, which "is significant because it illustrates the Tax Court's willingness to invalidate a longstanding regulation based on procedural flaws that occurred almost 40 years ago."
5 minute read

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