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.
New York Law Journal | Analysis
By Paul R. Niehaus and Emily B. Kirsch | May 10, 2018
Recent developments in the Second Circuit's interpretation of the Fair Debt Collections Practices Act have undermined the security of the safe harbor previously established by the court, and have created a situation whereby almost any debt collection letter is susceptible to claims that it violates FDCPA. Fortunately, the Second Circuit has ample opportunity to rectify the current situation and provide clear rules for all parties.
New York Law Journal | Analysis
By Zack Hadzismajlovic | May 10, 2018
On April 19, 2018, our current President issued National Security Presidential Memorandum No. NSPM-10 outlining the new Conventional Arms Transfer (CAT) Policy. The new CAT policy is clear: We're here to deal!
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | May 9, 2018
Environmental Law columnists Michael B. Gerrard and Edward McTiernan address a state statute, Article X of the Public Service Law, which allows the state to override local laws that are making it more difficult for the state to meet its renewable energy goals. The authors discuss the history and contents of Article X, the case law under it and its predecessors, and how it can be used to help the construction of renewable energy facilities.
By Scott E. Mollen | May 9, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the landlord-tenant case “West Village Houses Renters Union v. WVH Housing Development Fund,” and the environmental law case “U.S. v. Whitehill.”
New York Law Journal | Analysis
By Kathleen A. Scott | May 8, 2018
On April 20, 2018, the Financial Stability Board, an organization of international financial regulators that monitors and makes recommendations about the global financial system, issued a set of options it is calling a “toolkit” to assist regulators in determining how best to address conduct issues in their respective jurisdictions. International Banking columnist Kathleen A. Scott discusses the highlights of the toolkit.
New York Law Journal | Analysis
By Lewis R. Clayton and Eric Alan Stone | May 8, 2018
In 'Samsung Electronics Co. v. Apple', the U.S. Supreme Court held that an award of a design-patent infringer's total profit on an infringing article of manufacture under 35 U.S.C. §289 need not be calculated based on the end product sold to the consumer, but may instead be calculated based on only a component of that product. The court, however, did not adopt a test to determine the relevant article of manufacture. Intellectual Property Litigation columnists Lewis R. Clayton and Eric Alan Stone report on subsequent district court decisions that have begun to establish a test for determining the relevant article of manufacture.
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