New York Law Journal | Analysis
By Michael Rikon | August 27, 2018
In his column on Condemnation and Tax Certiorari, Michael Rikon suggests some changes to the Eminent Domain Procedure Law, which New York adopted 41 years ago; he writes that the statute is "long in the tooth and in need of revision."
By Peter A. Crusco | August 27, 2018
In his Cyber Crime column, Peter Crusco discusses “Carpenter v. United States,” describing the case as "probably the most important Fourth Amendment case involving new crime fighting cyber surveillance technology to reach the high court in many years."
New York Law Journal | Expert Opinion
By John J. Rapisardi and Joseph Zujkowski | August 24, 2018
In our June 8, 2016 column, we discussed the U.S. Bankruptcy Court for the Southern District of New York's (the Bankruptcy Court) opinion in the Sabine Chapter 11 cases allowing Sabine (a large Houston-based “upstream operator”) to reject “gathering agreements” with certain “midstream operators.”
By Olivera Medenica | August 24, 2018
A look at several unique trademark cases where the plaintiff fashion brand proactively sought to invalidate a competitor's non-traditional trademarks, an action which reflects a push back on increasingly aggressive litigation tactics by fashion brands seeking to blur the lines between a non-protectable fashion trend and a protectable trademark.
New York Law Journal | Analysis
By J. Scott Colesanti | August 24, 2018
Fans of market “fairness” at any intellectual cost can rejoice that a difficult hodgepodge of statutes, regulations, and common law wizardry can be expediently cobbled together to charge those who appear to flaunt their privileged status.
New York Law Journal | Expert Opinion
By Conrad Teitell | August 24, 2018
The donor allocates the property's cost basis between the gift element and the sale element, based on the fair market value of each part.
New York Law Journal | Analysis
By David J. Kaufmann | August 23, 2018
In his Franchising column, David J. Kaufmann examines an issue critical to franchisors—whether they will be deemed the “joint employers” of their franchisees' employees.
New York Law Journal | Analysis
By Evan T. Barr | August 23, 2018
In recent years, the Department of Justice has sought longer sentences for individuals convicted of Sherman Act violations.
By Corinne Ball | August 22, 2018
In her Distress Mergers and Acquisitions column, Corinne Ball continues an ongoing analysis of negative control rights previously discussed in a prior installment of this column.
New York Law Journal | Expert Opinion
By Andrew Longstreth | August 22, 2018
In another lifetime, when I was a legal reporter, I remember getting a slightly queasy feeling in my stomach when I noticed legal blogs sprouting wildly 15 years ago. While some were dry, others were lively and engaging. I saw the future and it was filled with more competition.
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