New York Law Journal | Expert Opinion
By Daniel G. Fish | August 16, 2018
In his Elder Law column, Daniel G. Fish writes: Buzz Aldrin was the second person to set foot on the moon's surface and only 12 people have set foot there. But now he is one of an estimated one and a half million adults who are the subject of guardianship proceedings in the United States.
By Elliot Pisem and David E. Kahen | August 15, 2018
In their Taxation column, David E. Kahen and Elliot Pisem discuss 'Illinois Tool Works v. Commissioner,' a case which provides guidance as to the factors likely to influence a court in distinguishing a loan from a distribution.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | August 15, 2018
In their Commercial Division Update column, Thomas J. Hall and Judith A. Archer address the New York Court of Appeals' recent decision evaluating documentary evidence consisting of emails and compatible correspondence.
New York Law Journal | Analysis
By Russell M. Yankwitt and Dina L. Hamerman | August 15, 2018
The implications of 'Daimler' for corporate defendants cannot be overstated.
New York Law Journal | Expert Opinion
By Robert J. Anello and Richard F. Albert | August 14, 2018
In their White-Collar Crime column, Robert J. Anello and Richard F. Albert look at sentencing statistics post-'Booker' and contemplate if now is the right time to reexamine the data.
By Scott E. Mollen | August 14, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Priceman Family, LLC v. Kerrigan,” where the court held that smoking inside one's apartment was found not prohibited by the lease and did not constitute nuisance; and “Zucker v. HSBC Bank,” where a loan and mortgage modification agreement restarted the statute of limitations on a mortgage debt.
New York Law Journal | Analysis
By Peter E. Fisch and Mitchell L. Berg | August 14, 2018
While asset forfeiture is commonly thought of as applying to personal property, such as a vehicle used to illegally transport narcotics, in their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss its application to real property.
New York Law Journal | Analysis
By David Perla | August 14, 2018
David Perla, managing director of Burford Capital provides guidance on the one common question asked of litigation finance providers: “What impact does working with a provider of litigation finance have on control of litigation and settlement decisions?”
New York Law Journal | Analysis
By Shira Forman | August 14, 2018
In her Litigation 101 column, Shira Forman writes: As compared with the strategic task of taking a deposition, defending a deposition is often regarded as simple—nothing more than holding the witness's hand, objecting sparingly, and making sure everything goes as smoothly as possible.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | August 13, 2018
A discussion of the U.S. District Court for the Eastern District of Michigan decision BullsEye Telecom v. BroadSoft, concerning a dispute over whether a licensor of telecommunications software could compete with the licensee's customers for the same services.
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