New York Law Journal | Analysis
By Thomas J. Hall | April 19, 2018
In his Commercial Division Update column, Thomas J. Hall discusses recent Commercial Division decisions applying a new standard for judicial approval of non-monetary class action settlements in New York.
New York Law Journal | Analysis
By E. Leo Milonas and Andrew C. Smith | April 19, 2018
In their Appellate Division Review column, E. Leo Milonas and Andrew C. Smith highlight some of the Appellate Division's closely watched cases—including a number of reversals—from the first quarter of 2018.
New York Law Journal | Analysis
By Ralph A. Catalano | April 19, 2018
'Matter of Reno' is a rare exception that gives us some insight into how the Appellate Division, Second Department views professional fitness in the context of an attorney's handling of a transaction with an unrepresented and vulnerable party.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | April 18, 2018
In their Taxation column, Elliot Pisem and David E. Kahen: The change made by the TCJA to §118 has obviously narrowed the scope of the exclusion from income for non-shareholder capital contributions to corporations. Uniquest, and the statement in the TCJA Conference Report underscoring that §118 is applicable solely to corporations, may cause the courts to be even more reluctant to seriously consider any argument for an exclusion from income of non-partner contributions to partnerships.
New York Law Journal | Analysis
By David J. Kaufmann | April 18, 2018
Franchising columnist David J. Kaufmann discusses recent decisions tackling issues of scope of the New York Franchise Act, lost future royalties, and vicarious liability of a franchisor.
New York Law Journal | Analysis
By Xiyin Tang | April 18, 2018
Sheryl Sandberg's story was aspirational but not inspirational, because it didn't feel replicable. The trifecta approach, however, is not just replicable—it gives young lawyers something to actually work towards, rather than wish for.
By Todd Soloway and William Charron | April 17, 2018
In their Hospitality Litigation column, Todd Soloway and William Charron discuss Local Law 50 which bans conversion of more than 20 percent of rooms in hotels with over 150 rooms. They argue the law "holds large hotel owners hostage, and imposes restrictions on their ability to put hotel properties to their highest and best use," and examine how this may violate the Federal and New York State constitutions.
New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | April 17, 2018
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a fascinating 4-3 split decision in which the Court of Appeals has tackled what one judge has called “a vexing issue regarding comparative fault”—namely, whether a tort plaintiff must establish that there are no material disputed facts about whether he or she was comparatively negligent in order to prevail on a motion for partial summary judgment as to a defendant's liability.
New York Law Journal | Analysis
By Peter M. Fass | April 17, 2018
Real Estate Securities columnist Peter M. Fass continues his discussion of changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Cuts and Jobs Act.
New York Law Journal | Analysis
By Benjamin Klein, Deborah Meshulam and Jason Chang | April 17, 2018
Regulators are now taking a more active role in investigating not just ICOs but also the companies developing funds or other investment vehicles focused on cryptocurrencies or ICOs.
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