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New York Law Journal | Analysis
By Carlos J. Cuevas | January 3, 2018
Carlos J. Cuevas discusses 'In re Ciarcia', in which Bankruptcy Judge James Tancredi employed Bankruptcy Code §1307(c) to dismiss a Chapter 13 case because of the lack of good faith.
New York Law Journal | Analysis
By Eva Talel | January 2, 2018
Cooperatives and Condominiums columnist Eva Talel addresses the law governing disclosure of owner voting records, and discusses actions which boards and managers can take regarding whether to protect voting records from disclosure.
New York Law Journal | Analysis
By David B. Saxe and Danielle C. Lesser | January 2, 2018
David B. Saxe and Danielle C. Lesser write discuss 'Princes Point v. Muss Dev.', in which the Court of Appeals found that a prospective purchaser's commencement of an action seeking to rescind an amendment to a purchase agreement one month prior to the last day to close on the purchase did not constitute an unequivocal communication to the seller of the purchaser's intention not to perform. The result is a detour into an area of murky jurisprudence that may prove unsettling to the commercial bar that relies on the certainty of precedent and its application in a way that conforms to the realities of commercial practice.
By Scott E. Mollen | January 2, 2018
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Matter of the Home of The Sages of Israel," a case that illustrates the types of disputes which are occurring throughout the country among factions of religious congregations with respect to proposed sales of congregational properties.
By Warren A. Estis and Jeffrey Turkel | January 2, 2018
In their Rent Stabilization column, Warren A. Estis and Jeffrey Turkel trace the application of the doctrine of primary jurisdiction in the post-'Roberts' era.
New York Law Journal | Analysis
By Amrita M. Narine and Reshma Shah | December 29, 2017
Amrita M. Narine and Reshma Shah write: Until the courts adopt a single approach toward border searches of electronic devices, attorneys need to be even more careful when crossing the border with privileged and confidential client information.
New York Law Journal | Analysis
By Sidney Kess | December 27, 2017
Tax Tips columnist Sidney Kess writes: On Dec. 20, 2017, Congress passed a major tax package (H.R. 1) designed to cut taxes on businesses as well as individuals, and to stimulate the economy and create jobs. Review his roundup of the key provisions impacting businesses.
New York Law Journal | Analysis
By Corinne Ball | December 27, 2017
Distress Mergers and Acquisitions columnist Corinne Ball writes: On Nov. 8, 2017, the Bankruptcy Court for the Southern District of New York, in In re SunEdison, considered whether the court had subject matter jurisdiction to approve non-consensual non-debtor releases proposed by SunEdison as part of their plan of reorganization.
New York Law Journal | Analysis
By Kevin G. Faley and Lina C. Rossillo | December 27, 2017
Kevin G. Faley and Lina C. Rossillo write: In many personal injury cases, the award of damages often centers on the jury's calculation of loss of future earnings. Loss of future earnings is awarded where the jury finds that a plaintiff has suffered a reduction in his or her ability to earn money as a result of an injury.
New York Law Journal | Analysis
By Edward E. Neiger | December 27, 2017
Bankruptcy Update columnist Edward E. Neiger delves into the bankruptcy proceedings of True Religion Apparel, Toys “R” Us and Charming Charlie and their efforts to restructure rather than liquidate in the face of changing consumer preferences.
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