New York Law Journal | Analysis
By Anthony E. Davis | March 2, 2018
Professional Responsibility columnist Anthony E. Davis addresses interesting developments on the topics he addressed in two prior articles—one on withdrawing from problem clients, and another on traveling internationally while carrying electronic devices containing client confidential information.
New York Law Journal | Analysis
By Shmuel Vasser and Yehuda Goor | March 2, 2018
In 'Tempnology', the First Circuit positioned itself within the circuit split regarding the relationship between trademark licenses and rejection of executory contracts.
New York Law Journal | Analysis
By Evan H. Krinick | March 1, 2018
Insurance Fraud columnist Evan H. Krinick writes: In 'Fernandez v. Philadelphia Indemnity Ins. Co.', the court made it clear that a policyholder's duty to cooperate was paramount, and that the policyholder's failure to cooperate was enough to permit the insurer to deny the policyholder's claim—whether or not the claim actually was fraudulent.
New York Law Journal | Analysis
By Zach Olsen and Jesse Dungan | March 1, 2018
Law Firm Management columnists Zach Olsen and Jesse Dungan write: In the current climate, firms that don't take seriously the very real reputational and business interruption threats that face them are taking on significant risks that could be mitigated—if not avoided altogether—by thoughtful preparation.
New York Law Journal | Analysis
By Thomas J. McNamara | March 1, 2018
While the debate about the nature and future of Bitcoin rages in the marketplace, sparked by recent volatility in its price, courts also cannot agree on the nature of Bitcoin and whether, legally speaking, it constitutes “money.”
New York Law Journal | Analysis
By William F. Johnson | February 28, 2018
In his Corporate Crime column, William F. Johnson writes: The SEC has left no doubt that it is focused on ICOs used to raise capital, and particularly on the lawyers who provide advice on securities law issues attendant to these offerings.
New York Law Journal | Analysis
By Timothy M. Tippins | February 28, 2018
Matrimonial Practice columnist Timothy M. Tippins writes: The recent decision of the Appellate Division, Third Department, in 'Montoya v. Davis', presents an interesting example of the interaction of custody factors. It also presents some anomalies that raise questions regarding the consistency of appellate review of custody decisions.
New York Law Journal | Analysis
By Mark W. Lerner and Jessica T. Rosenberg | February 28, 2018
Sexual harassment in the workplace has traditionally been a matter for civil enforcement, through actions brought by private plaintiffs or by governmental agencies such as the Equal Employment Opportunity Commission or state or city Commissions on Human Rights. But when the harassing conduct potentially violates criminal laws, employers need to consider that the matter may involve other agencies and implicate the criminal law and process.
New York Law Journal | Analysis
By Barry Black and Jonathan Robert Nelson | February 28, 2018
In their Religion Law column, Barry Black and Jonathan Robert Nelson discuss RCL §12 which provides that a religious corporation may not sell or mortgage any of its real property, or lease any of its real property for a term greater than five years, without applying for and obtaining approval of a court or the attorney general. They advise that failure to keep in mind the requirements of RCL §12 can upset a transaction, even after it has seemingly been completed.
By Ezra Dyckman and Charles S. Nelson | February 27, 2018
In their Taxation column, Ezra Dyckman and Charles S. Nelson discuss P.L. 115-97, commonly known as the Tax Cuts and Jobs Act, and specifically new Section 199A, which, although very favorable to real estate investors, is very complicated and there is uncertainty regarding key questions surrounding it.
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