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New York Law Journal

FinCEN's Proposed Rule on Residential Real Estate Transactions

In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella discuss FinCEN's recently proposed rule on non-financed residential real estate transactions which "builds on the U.S. government's longstanding focus on the money laundering risks posed by the residential real estate market."
10 minute read

New York Law Journal

Let's Imagine a Ban on Prenuptial Agreements

A look at how prenuptial agreements are being interpreted and enforced by the courts in an effort to see why divorce lawyers often see these agreements as "uniquely complex legal instruments that are fraught with the potential for peril."
7 minute read

New York Law Journal

Four Years In: How Federal Forum Selection Clauses Have Fared Following Delaware's Landmark Decision in 'Salzberg'

In March 2020, the Delaware Supreme Court issued a landmark ruling in 'Salzberg v. Sciabacucchi'. This article addresses developments that have occurred over the past four years since the ruling and highlights key takeaways for practitioners.
10 minute read

New York Law Journal

The Deadly Force 'PIT Maneuver' Case

Fourth Amendment law provides that police use of force during an arrest, stop or other seizure must be reasonable. Despite the seemingly straightforward nature of the reasonableness standard, §1983 excessive force claims often generate many difficult issues. The recent decision in 'Sabbe v. Washington County Board of Commissioners' illustrates some of these issues.
13 minute read

New York Law Journal

Does Your Insurance Fully Cover a Cyber Attack? Maybe Yes, Maybe No!

Given the prevalence of spoofing, phishing, hacking and ransomware attacks, all businesses need to have appropriate cybersecurity insurance. But, will it cover you when the attack hits and for what? Sometimes yes, sometimes no and sometimes maybe!
11 minute read

New York Law Journal

The Future of Pay Frequency Litigation in NY: A 'Grant' to Employers?

Since the authors' previous New York Law Journal article, there has been a significant change in the legal landscape in the area of pay frequency. The change has the potential to stem the tide of pay frequency litigation.
9 minute read

New York Law Journal

The Unique Role of Counsel for Religious Organizations

Counsel for religious organizations should be intimately familiar with the foundational principles of religion law to better advise the client in both transactional and litigation matters.
9 minute read

New York Law Journal

Continuation of a Business of a Decedent

A fiduciary does not have automatic authority under EPTL §11-1.1 to continue a business of a decedent, incur obligations and thus render the estate liable. However, courts have stated that a fiduciary has an inherent authority to temporarily continue a business for the limited exceptions of converting business assets to cash for the benefit of the estate.
8 minute read

New York Law Journal

A Winning Trifecta for New York: The 1977 Court Reforms

The current appointive system for Court of Appeals judges discarded the statewide elective method, a Law Journal columnist recounts. Centralized administration with statewide fiscal resources shifted executive leadership responsibility to the chief judge and chief administrative judge.
5 minute read

New York Law Journal

Beauty in Health Equity and Opportunity:  New York's New Requirements for Cosmetology Schools and Stylists

The New York Legislature recently enacted the CROWN Act, which prohibits race-based hair discrimination in employment and educational opportunities. Following this, Governor Kathy Hochul also signed the Health Equity and Opportunity legislative package. This article discusses why this legislation is important for greater health equity and the specific actions schools, stylists, and insurers can take to remain in compliance.
4 minute read

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