Columns

  • New York Law Journal | Analysis

    A Legislative Approach to the Concept of Parentage in the Age of Surrogacy and Artificial Reproduction

    By Alton L. Abramowitz | May 18, 2018

    Divorce Law columnist Alton L. Abramowitz discusses the Child-Parent Security Act introduced by New York State Assembly Member Amy Paulin, which seeks to bring clarity to the perplexing questions concerning the determination of parentage in the modern, diverse and non-traditional family by divorce and family courts.

  • New York Law Journal | Analysis

    Fair Use Verdict Reversed in 'Oracle v. Google'

    By Robert W. Clarida and Robert J. Bernstein | May 18, 2018

    Copyright Law columnists Robert W. Clarida and Robert J. Bernstein discuss 'Oracle America v. Google', writing: With a third jury trial ahead and the stakes for both parties high enough to justify further appeals, the case is far from over.

  • New York Law Journal | Analysis

    Trust Agreements and Due-on-Sale Clauses

    By Daniel G. Fish | May 17, 2018

    In his Elder Law column, Daniel G. Fish writes: For the client who is considering a transfer to a trust of property that is encumbered with a loan secured by a lien, great care must be exercised at the initial stage to ensure that the property can be successfully transferred and that it can be transferred without triggering the due-on-sale clause.

  • New York Law Journal | Analysis

    Guidelines for Shaping Your Internal Investigations

    By Shira Forman | May 17, 2018

    In her Litigation 101 column, Shira Forman writes: Every internal investigation must be tailored to the events and issues involved, so there can be no one-size-fits-all checklist. That said, she provides some guidelines and considerations that are worth keeping in mind as you shape your investigation.

  • New York Law Journal

    The Xerox Saga: Intrigue and Deception in an Iconic Corporate Suite

    By John C. Coffee Jr. | May 16, 2018

    In his Corporate Securities column, John C. Coffee Jr. examines the recent decision in 'In re Xerox Corp. Consol. Shareholder Litigation', in which Justice Barry Ostrager enjoins the Xerox shareholder vote and requires a waiver of its advance notice bylaw.

  • New York Law Journal | Analysis

    Appellate Division Reaffirms the Importance of Sufficiently Alleging Demand Futility in Derivative Lawsuits

    By Michael A.H. Schoenberg | May 16, 2018

    Attorneys face myriad hurdles and pitfalls in their representation of business owners. In a recent decision, the First Department reminded us of one often overlooked in the litigation context—the importance of an owner adequately alleging demand futility in a derivative action.

  • New York Law Journal | Analysis

    Self-Insurance and the Statute of Limitations

    By Jonathan A. Dachs | May 15, 2018

    Insurance Law columnist Jonathan A. Dachs writes: A recent split decision of the Court of Appeals has answered an interesting question regarding whether the six-year statute of limitations under CPLR 213(2) or the three-year statute of limitations under CPLR 214(2) is applicable to a dispute with respect to the payment of no-fault (PIP) benefits by a self-insurer, and, in so doing, has raised several questions still to be answered

  • New York Law Journal | Analysis

    Easing Voter Registration

    By Jerry H. Goldfeder and Myrna Pérez | May 15, 2018

    In their Government and Election Law column, Jerry H. Goldfeder and Myrna Pérez discuss Automatic Voter Registration. As the name suggests, it requires state agencies to register those who, for example, obtain or renew a driver's license, and the presumption shifts—a voter must now opt out from registering rather than opt in to vote.

  • New York Law Journal | Analysis

    Awkward Positions: Second Circuit Confronts Dueling Claims for Deference

    By Amanda B. Protess and Frederick H. Rein | May 15, 2018

    Although this landmark ruling rightfully garnered national attention as a historic civil rights victory, its unique procedural posture also raised questions in a different legal context: administrative law.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | May 15, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses NRT New York v. Spell, where an arbitration award denying a brokerage commission was vacated as being arbitrary and violative of public policy.

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