New York Law Journal | Expert Opinion
By Michael Hoenig | June 12, 2018
Complex Litigation columnist Michael Hoenig writes: The National Highway Traffic Safety Administration (NHTSA) says distracted driving is dangerous claiming 3,450 lives in 2016 alone. The safety agency adds that 391,000 persons were injured in motor vehicle crashes involving distracted drivers in 2015.
New York Law Journal | Analysis
By Jonathan M. Sabin | June 11, 2018
In the absence of “critical language concerning enforcement” of the contract, the arbitrator decides all preliminary issues related to arbitration including waiver and statute of limitations defenses.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | June 11, 2018
Technology Law columnists Richard Raysman and Peter Brown discuss a recent decision out of California and write: True and enforceable representations in software implementation agreements concerning the location and functionality of the software are integral to the success of the project. Arguably failing to adhere totally to these representations was the subject of 'Copart v. Sparta Consulting,' where a jury awarded the plaintiff nearly $25 million for the defendant's breach of agreements and statements of work that collectively amounted to a software implementation arrangement.
New York Law Journal | Expert Opinion
By Ilene Sherwyn Cooper | June 8, 2018
As the interminable winter has finally come to a close, and spring has thankfully began to emerge, Surrogate and Appellate Courts have been immersed in significant issues affecting trusts and estates practice. The following decisions are a representative sampling of the many important opinions impacting the field.
New York Law Journal | Expert Opinion
By Joseph Lipari and Aaron S. Gaynor | June 8, 2018
Many people are familiar with the "resale exception" under which, for example, a sale by a clothing manufacturer of shirts to a clothing store is exempt from sales tax because the sales of the shirts by the store are taxable, see N.Y. Tax Law Sections 1101(b)(4)(i), 1105(a).
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | June 7, 2018
In their monthly Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions handed down recently in the United States District Court for the Eastern District of New York.
New York Law Journal | Analysis
By DEBORAH MESHULAM, BENJAMIN KLEIN AND RICHARD KELLEY | June 7, 2018
The cryptocurrency enforcement landscape continues to evolve with several important developments this past week, including the appointment of a “Crypto…
New York Law Journal | Expert Opinion
By Christopher Dunn | June 6, 2018
Presidential pardon fever has spiked over the last week following President Donald Trump's pardon of conservative commentator Dinesh D'Souza, who had been convicted of federal finance violations, and Trump's suggestion he also might pardon former Illinois governor Rod Blagojevich and lifestyle maestro Martha Stewart.
New York Law Journal | Analysis
By Alvin Lee and Chad Smith | June 6, 2018
The proposed amendment is significant because it would create additional and entirely new discovery obligations on corporations who receive 30(b)(6) deposition notices.
By Barbara M. Goodstein | June 6, 2018
In her Secured Transactions column, Barbara Goodstein shows how the case 'JCC Development Corp. v. Levy' can be used as a cautionary tale for attorneys who draft or review loan documents that small variations in the language of the documents can potentially lead to fatal flaws.
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