Columns

  • New York Law Journal | Analysis

    Judge Weinstein Does Deep Dive Into Website Accessibility Lawsuits

    By Shari Claire Lewis | February 16, 2018

    In her Internet Issues/Social Media column, Shari Claire Lewis writes: The bottom line lesson from 'Blick' for e-businesses is that although this issue is still evolving, it may be beneficial for e-companies to proactively begin the process of bringing websites in compliance with the WCAG 2.0 Level AA standard, which may act as a defense to a suit or a deterrent to being targeted.

  • New York Law Journal | Analysis

    Questions and Answers on the Qualified Business Income Deduction

    By Sidney Kess | February 16, 2018

    Tax Tips columnist Sidney Kess writes: The Tax Cuts and Jobs Act of 2017 (TCJA) introduced a new write-off for owners of pass-through entities that runs from 2018 through 2025. There is much confusion about this new deduction and some clarification will need IRS guidance. Here is what is clear so far, how it impacts attorneys, and what needs IRS and/or Congress to explain further.

  • New York Law Journal | Analysis

    Bitcoin: The IRS Cometh

    By Richard A. Nessler | February 16, 2018

    The honeymoon period for bitcoin is over. Not waiting for Congress to figure out what to do about virtual currency and how to regulate it, the Internal Revenue Service has fired the first shot across the bow of Coinbase, one of the world's largest bitcoin trading exchanges, by serving Coinbase with a John Doe summons seeking customer information.

  • New York Law Journal | Analysis

    You Can't Sue the Judge, or Can You?

    By Edward M. Spiro and Judith L. Mogul | February 16, 2018

    In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul analyze a decision by U.S. District Judge Katherine Polk Failla, in which she discusses a surprising gap in judicial immunity accorded to New York state judges, ultimately dismissing the claims against a judge on alternative grounds.

  • New York Law Journal | Analysis

    RICO Claims by Foreigners

    By Lawrence W. Newman and David Zaslowsky | February 15, 2018

    A 2016 ruling by the U.S. Supreme Court closed the door on civil Rico claims by foreign plaintiffs suffering injuries abroad. International Litigation columnists Lawrence W. Newman and David Zaslowsky examine cases in which the lower courts have scrambled to sort out what may be left of foreign-based civil RICO claims.

  • New York Law Journal | Analysis

    Corporate Tax Changes in New Tax Law

    By David E. Kahen and Elliot Pisem | February 14, 2018

    Taxation columnists David E. Kahen and Elliot Pisem write: Public Law 115-97, the “tax reform” legislation enacted last December, effected major changes to federal income tax law. While many of the changes are of relevance specifically to individuals, others affect all businesses, regardless of their form of organization, and some are particularly relevant to corporate taxpayers. David E. Kahen and Elliot Pisem are members of the law firm of Roberts & Holland.

  • New York Law Journal | Analysis

    Better Late Than Never

    By David J. Kaufmann | February 14, 2018

    Franchising columnist David J. Kaufmann writes: For the first time ever, a New York court has held that late delivery of a franchisor's Franchise Disclosure Document, standing alone, will not trigger liability unless the subject franchisee is able to prove that it sustained damages as a result of late FDD delivery.

  • New York Law Journal | Analysis

    Business Divorce Cases of 2017 Focus on Oppression, Valuation and LLC Issues

    By Peter A. Mahler and Matthew D. Donovan | February 14, 2018

    New York courts last year decided an impressive array of business divorce cases involving closely held corporations, partnerships, and limited liability companies.

  • New York Law Journal | Analysis

    Litigation Won't Cure America's Opioid Epidemic

    By Cliff Katz, Bill Escobar, Neil Merkl and Sumi Naidoo | February 14, 2018

    States and municipalities have brought over 200 lawsuits against opioid distributors and manufacturers in the United States, in response to the Opioid Epidemic. Using civil suits to solve this public health problem is not a proper function of the justice system. Opportunistic litigation diverts attention from the need for properly targeted public policy solutions.

  • New York Law Journal | Analysis

    Multi-Jurisdiction Shareholder Derivative Actions Redux

    By Mark D. Harris and Margaret A. Dale | February 13, 2018

    Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale write: The principles set forth in 'Alvarez' create many opportunities for strategic litigation. The decision makes it abundantly clear that both plaintiffs and defendants will need to be extremely diligent at the outset of a lawsuit to utilize the advantage or defeat the threat of collateral estoppel.

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