New York Law Journal | Analysis|Investigation
By Olivia Radin | May 15, 2018
There has been more talk than usual of late about the attorney-client privilege, particularly after the FBI executed a search warrant on the offices of President Trump's personal lawyer, Michael D. Cohen. Putting that extraordinary situation aside, there have been a few slightly more run-of-the-mill developments over the last year that have reminded us that privilege can be a fragile thing, and one we must work hard to protect.
New York Law Journal | Analysis
By Sidney Kess | May 14, 2018
In his Tax Tips column, Sidney Kess writes: The Tax Cuts and Jobs Act made many favorable tax changes for businesses. However, this same law also eliminated a number of write-offs that businesses have come to know and love.
New York Law Journal | Analysis
By John L.A. Lyddane | May 14, 2018
Medical Malpractice Defense columnist John L.A. Lyddane writes: Section 1:75 of the Pattern Jury Instructions suggests by its very existence that the jury's attention should be drawn to what we commonly refer to as the “missing witness.” The very title of that section, which includes “Failure to Produce Witness,” has a pejorative tone. Why should the decision of counsel not to call a particular witness be termed a “failure” to do so when the determination of whose testimony is required is such a complex and subjective judgment?
New York Law Journal | Analysis
By Ken Strutin | May 14, 2018
In his Criminal Law column, Ken Strutin writes: Now that lawyers have been upgraded by technology, the right to counsel needs upgrading as well.
New York Law Journal | Analysis
By Michael Hoenig | May 11, 2018
Complex Litigation columnist Michael Hoenig writes: On May 3, New York's highest court issued a decision clarifying the state's common law on the extent of damages recoverable in cases asserting claims of misappropriated trade secrets, unfair competition and unjust enrichment. Though the holding is important enough on the merits for litigators to digest, there is also some “entertainment” value in seeing how the jurists marshal their arguments. The subject matter is not easy but it is quite relevant in today's litigious, technological world.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan S. Sack | May 11, 2018
White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack discuss recent charges brought against an Equifax employee, which raise interesting questions as to when nonpublic information within a public company should be deemed material for purposes of insider trading enforcement.
New York Law Journal | Analysis
By Josh Dubin | May 11, 2018
The presumption of innocence is on life support. To believe otherwise would be to ignore the empirical data.
New York Law Journal | Analysis
By Jacob Inwald | May 11, 2018
Budget legislation recently signed by the Governor introduced an important new pre-foreclosure notice specifically addressing defaults triggering reverse mortgage foreclosures affecting senior homeowners, while also making a technical fix to changes governing pre-foreclosure notices and settlement conferences for reverse mortgages that were signed into law in 2017.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | May 10, 2018
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a decision declining to dismiss claims of housing discrimination; a decision finding that plaintiff had failed to make a valid formal or informal refund claim within the statute of limitations; and a decision stating the reasons for a probationary sentence with financial restitution.
New York Law Journal | Analysis
By Steven Pounian and Kevin Mahoney | May 10, 2018
In this Aviation Law column, Steven Pounian and Kevin Mahoney write: Courts around the country are divided over the question of whether flight schools can be held liable for negligent pilot training that results in an air disaster.
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