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New York Law Journal | Analysis
By Steven M. Witzel and Daniel C. Fishbein | May 2, 2018
In this Corporate Crime column, Steven M. Witzel and Daniel C. Fishbein focus on recent and novel enforcement actions in the municipal bond space. They survey municipal securities regulatory changes and enforcement innovations geared toward municipal issuers, and look at the future direction for enforcement and regulation in the muni-bond market.
New York Law Journal | Analysis
By Eva Talel | May 2, 2018
Cooperatives and Condominiums columnist Eva Talel discusses the dilemmas posed by a DOB enforcing a requirement that sets a strict deadline by which balcony enclosures must be legalized or removed, and makes recommendations to boards, managers, owners, and to the DOB as to how to best address such dilemmas in an equitable and practical manner.
New York Law Journal | Analysis
By Israel David and Samuel P. Groner | May 2, 2018
The court in 'Cyan' held that SLUSA does not prohibit state courts from adjudicating such claims, and that defendants may not remove such cases to federal court. As a result, it is likely that the recent trend of such claims being asserted in state courts will accelerate.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | May 1, 2018
Appellate Practice columnists Thomas R. Newman and Steven J. Ahmuty Jr. discuss constitutional issues surrounding recovery of punitive damages.
New York Law Journal | Analysis
By Joshua Kelner | May 1, 2018
The ultimate effect of 'Rodriguez' is to make the rules applicable to summary judgment consistent with those that have been followed at trial since the enactment of Article 14-A. A plaintiff's comparative negligence does not, either on motion practice or at trial, prevent recognition of his right of recovery from the defendant.
By Scott. E. Mollen | May 1, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "Champagne v. Piller," "W. Haverstraw Pres. v. Diaz," and "Kuzmich v. 50 Murray St. Acquisition."
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | May 1, 2018
In their Rent Stabilization column, Warren A. Estis and Jeffrey Turkel, the attorney who successfully argued 'Altman v. 285 West Fourth LLC' in the Court of Appeals on behalf of the landlord, discuss the landmark case, which restored the pre-Altman state of the law and reversed a 2015 decision that effectively re-regulated thousands of deregulated apartments.
By Lawrence K. Marks, Chief Administrative Judge, New York State Unified Court System | April 30, 2018
Separation of powers was designed to bind governmental authority by creating tension among the branches, with each limiting the others. Nevertheless, to accomplish important goals and necessary reforms, the three branches of government frequently must collaborate and support one another to be successful.
New York Law Journal | Analysis
By Martin A. Schwartz | April 30, 2018
In his Section 1983 Litigation column, Martin A. Schwartz analyzes “custom or practice” municipal liability. He explains the importance of this issue, explores the meaning of “custom and practice,” and identifies the types of evidence that may be admissible to prove a municipal custom or practice.
New York Law Journal | Analysis
By Joseph E. Bachelder III | April 30, 2018
Executive Compensation columnist Joseph E. Bachelder III discusses a number of unique features of the option grant to Tesla's Elon Musk.
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