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New York Law Journal

'The Resource Group International v. Chishti'

In 'The Resource Group International v. Chishti', the Second Circuit considered the propriety of a pending arbitration and whether being improperly forced to arbitrate can satisfy the requirements for a preliminary injunction. It vacated and remanded the district court's order denying a motion for preliminary injunction that would have stayed the arbitration.
8 minute read

New York Law Journal

The Enduring Bond Between Clerks and Judges

A Nassau County judge recounts a exchange in which "his" judge—the judge he spent his clerkship with as a young lawyer—wielded his "rapier" wit to disarm a fellow jurist and got a room "doubled over with laughter."
4 minute read

New York Law Journal

Special Computer Skills and the Federal Sentencing Adjustment of U.S.S.G. §3B1.3

In his Cyber Crime column, Peter A. Crusco discusses how courts define a special skill and how that adjustment may impact a defendant who utilized his computer skills to facilitate the commission of the offense for which he stands convicted.
9 minute read

New York Law Journal

Business Divorce Cases of 2023

A look at a trio of significant rulings by the Appellate Division which dominated the business divorce caselaw arena in 2023.
13 minute read

New York Law Journal

The Future of Wills in New York

It is well established law in New York that to be valid, a will, with minor exceptions, must be in writing. It appears this is about to change. A bill has been introduced in the New York Assembly, which adds a new Part 6 authorizing "electronic wills" to Article 3 of the Estates, Powers and Trusts Law.
11 minute read

New York Law Journal

2024 Charitable Deductions: Donor Benefits and Expenses

Each year, the IRS adjusts charitable gift rules, tax tables, personal exemptions, standard deductions and other tax provisions. This article highlights the key charitable figures for 2024.
3 minute read

New York Law Journal

SEC Expands Employer Cutbacks in Compensation for Erroneous Compensation Awards

The SEC continues to broaden the use of forfeiture of executive compensation as a regulatory tool with an increased emphasis on making employers do the clawing-back themselves.
6 minute read

New York Law Journal

Enforcement of Religious Marriage Contracts

New York courts have reluctantly passed upon the enforcement of religious marriage contracts. The restrictions of the First Amendment constrain state courts from limiting the free exercise of religion or the use of civil law to support or further its establishment. The reported decisions dealing with the enforcement of religious marriage contracts involve Jewish and Islamic marriage contracts that are discussed in this article.
18 minute read

New York Law Journal

CPLR 3213: The Procedural Mechanism for an Expedited Money Judgment

If used appropriately, a CPLR 3213 motion for summary judgment in lieu of complaint is a useful tool that can provide a landlord with an accelerated money judgment against a guarantor without the need to engage in costly and time-consuming formal pleadings, lengthy discovery, and other motion practice.
8 minute read

New York Law Journal

When Communications Concerning a Client Can Be Withheld From the Client

Conflicts arise between law firms and their clients that require lawyers within the firms to seek legal advice. In such situations, firm lawyers may seek advice from another lawyer within their firm about how to handle the issue. In subsequent litigation with the client, however, such communications may not be protected from discovery, particularly where the firm lawyer whose advice is sought has been involved in the representation of the client.
10 minute read

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