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New York Law Journal

Avoiding Conflicts with Prospective Clients

When approached with a new potential representation, a lawyer needs to do a conflicts check. Once that clears, what is stopping them from jumping in and getting as much information as possible to demonstrate to the potential client that they are the right choice? In reality, they should take precautions to ensure that not only the lawyer but the entire firm are not disqualified.
8 minute read

New York Law Journal

Subject-Matter Jurisdiction

In 'Behrens v. JPMorgan Chase Bank N.A.', the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly.
8 minute read

New York Law Journal

Defense of Excusable Absence; Summary Eviction Proceeding for Nonpayment of Rent: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "215 W 88 LLC v. Sitney," and "109th Affordable Housing L.L.C. v. Beck."
15 minute read

New York Law Journal

Proposed Amendments to RPAPL 881: Changes Without a Cause?

A discussion of a key bill that just passed by the NY State Senate which the author says reshapes an existing law that creates special expedited proceedings to improve or repair real property.
12 minute read

New York Law Journal

The Hidden Costs of Impact and Administrative Review Fees

Ironically, impact and administrative review fees have hidden costs that could stunt the growth in the areas municipalities are trying to revitalize.
8 minute read

New York Law Journal

Patent Office Issues New Guidance on the Law of Obviousness

The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
8 minute read

New York Law Journal

Watch Your Mouth: Liability for Statements and Omissions About Digital Assets

Recent court decisions arising from the purchase and sale of digital assets have grappled with liability claims posing such questions about information that had been stated or omitted.
18 minute read

New York Law Journal

Is New York's Commercial Division Right for My Case?

This series of Commercial Litigation articles will explain the fundamentals of Commercial Division practice. Part I addresses the key advantages of the Commercial Division and how to commence a case there.
9 minute read

New York Law Journal

Labor Law §241(6): 'Bazdaric v. Almah Partners'

Unlike Labor Law §240(1), Labor Law §241 (6) is not self executing. Plaintiff must show that a violation of a concrete specification under a provision of the New York Industrial Code was a proximate cause of injury in order to impose liability under §241(6).
13 minute read

New York Law Journal

Dormant Commerce Clause Does Not Apply to State Cannabis Licensing Programs

This installment of the Northern District Round-Up column explores a recent decision by Judge Anne Nardacci of the Northern District of New York concerning yet another challenge to New York state's cannabis licensing program.
7 minute read

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