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New York Law Journal

Supreme Court Review: Agency Fees and Retiree Health Benefits

In their Labor Relations column, David E. Schwartz and Risa M. Salins discuss recent U.S. Supreme Court decisions impacting labor and employment law. The decisions address two traditional labor issues: whether unions may collect fees from non-union members who they represent, and whether explicit language is needed in a collective bargaining agreement to vest retiree medical benefits beyond the term of the contract.
9 minute read

New York Law Journal

New Criminal Justice Legislation: Part 1

Criminal Law and Procedure columnist Barry Kamins presents his annual review of new legislation amending the Penal Law, Criminal Procedure Law and other related statutes. Here, he discusses the singular substantive criminal justice legislation that was enacted by the Legislature: the creation of a Commission on Prosecutorial Conduct.
7 minute read

New York Law Journal

The U.S. Supreme Court and the Ultimate Escape From the Bill of Rights

Civil Rights and Civil Liberties columnist Christopher Dunn writes: The U.S. Supreme Court opened a new term this week with a docket of important cases, including one that has earned little public attention but presents an issue that states' rights advocates long have viewed as the ultimate escape from the Bill of Rights.
10 minute read

New York Law Journal

The Perils of a Motion Seeking a Judge's Recusal

A motion to recuse is a risky matter.
20 minute read

New York Law Journal

New York's 'Professional Reliability' Rule: Part Two

In his Evidence column, Michael J. Hutter writes: Assuming that an expert's opinion is admissible, even though it is based upon inadmissible evidence, another issue is present. May the reliable but out-of-court and inadmissible statement or document upon which the opinion is based also be admitted? Expressed differently, does the inadmissible evidence become admissible because of its use as a basis for an expert's opinion?
11 minute read

New York Law Journal

The Sound of Silence: Criminal Immunity for Foreign Sovereigns Under the FSIA, and Civil RICO Liability for Foreign Sovereigns in the Second Circuit

This article addresses a circuit split over whether foreign sovereigns are immune from criminal prosecution and therefore immune from civil RICO liability; addresses a related line of case law, within the Second Circuit, which holds that a domestic governmental entity cannot be civilly liable under RICO because such an entity is not capable of forming the intent necessary to commit a criminal act; and concludes by analyzing whether, as with domestic government entities, a foreign sovereign is not capable of forming the intent necessary to be found civilly liable under RICO.
11 minute read

New York Law Journal

The Tax Cuts and Jobs Act—Qualified Opportunity Zones

In his Real Estate Securities column, Peter M. Fass writes: The qualified opportunity zone can provide significant tax savings to taxpayers selling appreciated property, including both real property and other asset classes, as well as provide investment capital to spur economic development in distressed areas.
9 minute read

New York Law Journal

Age Discrimination Issues in Hiring and Recruitment

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas discuss the landscape of age discrimination claims in hiring and offer guidance on balancing the risk of liability against the need for efficiency in hiring and recruitment.
10 minute read

New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the adverse possession case “Yee v. Panousopoulos,” the landlord-tenant case, “Matter of Tejada,” and the foreclosure case “Courchevel 1850 LLC v. Stern.”
14 minute read

New York Law Journal

'AlbaniaBEG Ambient v. Enel': The Backstory

The First Department's February 2018 decision in AlbaniaBEG Ambient SH.P.K v. Enel S.P.A., 160 A.D.3d 93 (1st Dept. 2018), surprised many practitioners…
10 minute read

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