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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

New York Law Journal

Understanding Website Surf-By Accessibility Lawsuits in New York

Eric Lanter of Offit Kurman discusses New York ADA website accessibility lawsuits. Court dockets are ballooning in New York with these types of "surf-by" cases. The article addresses five strategic tips for businesses to protect themselves and reduce exposure and liability.
6 minute read

New York Law Journal

Abolishing the 'Crime' of Adultery: Should Related Civil Fault Statutes Also Be Discarded?

In 1907, the state of New York made it a crime to commit adultery. That Class B misdemeanor was carried over from prior law when the Penal Law was revised in 1965. Now, New York State Assembly Bill No. 4714 calls for the repeal of that provision.
12 minute read

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