Columns

  • New York Law Journal | Analysis

    New Grounds for Foreign Banks to Resist Compliance With Third-Party Subpoenas

    By Robert P. Reznick, Stephen G. Foresta, and Camille Joanne Rosca | October 12, 2017

    The scope of non-party discovery obligations to which a New York branch bank remains subject are unclear, and this uncertainty points to actions the branches can take to minimize the exposure of their parents.

  • New York Law Journal | Analysis

    Website Accessibility, 'Fatico' Hearing and Lack of Personal Jurisdiction

    By Harvey M. Stone and Richard H. Dolan | October 12, 2017

    In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent decisions: one involving a claim against a business for maintaining a website inaccessible to the blind, a second that made 'Fatico' findings against defendant in connection with purchasing material with military or nuclear uses for shipment to Iran, and a third denying defendants' motion to dismiss.

  • New York Law Journal | Analysis

    Sheltering the Homeless in Rent Stabilized Units

    By By Adam Leitman Bailey and Dov Treiman | October 10, 2017

    Adam Leitman Bailey and Dov Treiman discuss how, with homeless populations continuing to swell and charitable organizations looking to help house them, a thorough understanding of the applicable principles of rent stabilization is becoming increasingly essential. They discuss the recent decision of the Appellate Term, First Department in '2363 ACP Pineapple v. Iris House,' which they find highlights practitioners' misunderstanding of the theoretical issues involved.

  • New York Law Journal | Analysis

    When Terms of Use Put 'Reasonably Prudent User' on Notice

    By Richard Raysman and Peter Brown | October 6, 2017

    In their Privacy Matters column, Richard Raysman and Peter Brown discuss a recent SDNY decision premised on the reality that a "reasonable" Internet user would know that a blue highlighted hyperlink is the archetypal command to a user that the entirety of the referenced document can be viewed by clicking on the hyperlink.

  • New York Law Journal | Analysis

    New Criminal Justice Legislation: Part One

    By Barry Kamins | October 6, 2017

    In his Criminal Law and Procedure column, Barry Kamins presents a review of new legislation amending the Penal Law, Criminal Procedure Law and other related statutes. His discussion highlights key provisions of the new laws.

  • New York Law Journal | Analysis

    Unreliable Methodologies Doom Neck Brace Experts

    By Michael Hoenig | October 6, 2017

    In his Complex Litigation column, Michael Hoenig discusses rulings in 'Lyons v. Leatt Corp.' The rulings are lengthy and detailed, but the reader should not bail out on reviewing them. There are valuable lessons to be learned.

  • New York Law Journal | Analysis

    The Emerging Crisis of PFAS Exposure

    By Paul J. Napoli and Tate J. Kunkle | October 6, 2017

    Paul J. Napoli and Tate J. Kunkle write: Are PFAS the next MTBE? Or, perhaps the next asbestos? Or, in the words of William Shakespeare, is it much ado about nothing? That is the question from both sides of the bar, as well as industry and the regulatory bodies.

  • New York Law Journal | Analysis

    Alabama Senator-in-Waiting Roy Moore and Constitutional Anarchy

    By Christopher Dunn | October 5, 2017

    In his Civil Rights and Civil Liberties column, Christopher Dunn writes: Roy Moore's Alabama primary win to become the Republican candidate for a U.S. Senate seat is big news for the world of constitutional law. Moore's defiant approach to the federal courts has surfaced most dramatically around two hot-button issues: a Ten Commandments monument and gay marriage.

  • New York Law Journal | Analysis

    Unlimited Liability in Limited Liability Companies

    By Vincent DiLorenzo | October 5, 2017

    Vincent DiLorenzo writes: Real estate owners and developers often form limited liability companies (LLCs) to shield themselves from liability. Is this an effective means to accomplish this purpose? Curiously, the New York case law had little to say on this issue until a 2016 Second Department decision.

  • New York Law Journal | Analysis

    Attorneys as Whistleblowers

    By David E. Schwartz and Risa M. Salins | October 5, 2017

    In their Labor Relations column, David E. Schwartz and Risa M. Salins discuss recent decisions addressing what happens when an attorney uses confidential information to blow the whistle on a current or former client, and examine key considerations governing attorney conduct in whistleblower cases.

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