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New York Law Journal

Borrower's Common Defenses in Mortgage Foreclosures Negated

Howard Kingsley, who represented Broom Lender in "Broome Lender LLC v. Empire Broome LLC," discusses the case and how the Appellate Division, First Department removed common obstacles and cleared the path for assignees of mortgage loans to foreclose easily and quickly. Kingsley offers that the case is a "major win for lenders and their assignees because there had not been a prior decision by a New York state court where it found that, although standing was not established through an allonge, standing was established on summary judgment by the assignment of the note."
8 minute read

New York Law Journal

Res Ipsa Loquitur and Medical Malpractice Defense

When an unexplained injury occurs in an area remote from the operative field while a patient is anesthetized, the doctrine of res ipsa loquitur may support an inference and will be considered in whether a prima facie case has been established.
8 minute read

New York Law Journal

Federal Sentencing Amendment 821: Thousands of Prisoners May Be Affected

This article focuses on an amendment to the sentencing guidelines which will allow defendants awaiting sentencing, and even those already serving sentences, to significantly reduce their prison time.
7 minute read

New York Law Journal

Shake Shack Unshaken: Court Limits Typeface Protections in Font License

In his Intellectual Property column, Stephen M. Kramarsky discusses the 'Shake Shack Enterprises v. Brand Design Company' case, which offers insight into the limits courts will impose on companies that try to overextend their intellectual property rights.
11 minute read

New York Law Journal

Pharmaceutical Legal and Regulatory Trends To Watch in 2024

This article highlights several notable legal and regulatory developments in 2023 and discusses developments that will continue to shape the pharmaceutical industry in 2024.
8 minute read

New York Law Journal

Securities, Cryptocurrencies, and Swaps: SDNY's Recent Decision Addressing Whether Digital Asset Transactions Are Regulated Securities

A deep dive into the legal analysis and holding in the recent Southern District decision, Terraform Labs. The article examines Terraform Labs' application of the Howey test to determine whether certain cryptocurrency transactions constitute regulated securities.
29 minute read

New York Law Journal

Second Circuit Analyzes Contours of Bribery in Bank Corruption Case

Bribes and kickbacks of public and private officials in the United States are still prosecuted under the mail/wire fraud statutes and the Hobbs Act, but departures from paradigmatic cases have become more vulnerable to challenge. The Second Circuit's recent affirmance in the case of a bank officer convicted of corruption is noteworthy when viewed against that backdrop.
11 minute read

New York Law Journal

Judicial Immunity, Denial of Sanctions and Disqualification of Counsel

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Gary R. Brown dismissed a complaint against United States Bankruptcy Court Chief Judge Alan S. Trust and others based on judicial immunity. Magistrate Judge Vera M. Scanlon denied a motion for sanctions and adverse inferences. Magistrate Judge James M. Wicks granted a motion to disqualify counsel.
8 minute read

New York Law Journal

Custody Litigation: Growing Pains as Children's Rights Get Bolder

A continued discussion on the surrounding issues involved with attorneys for children.
8 minute read

New York Law Journal

A Tale of Two Nations: How China and the United States Confront Generative AI Challenges

Leaders and legislative bodies worldwide have used their authority to harness GenAI's transformative power and mitigate risks—albeit at different paces and with different priorities and approaches. This divergence is particularly evident when comparing the GenAI laws enacted in the People's Republic of China with the nascent efforts of President Biden and Congress to respond to these new challenges.
6 minute read

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