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New York Law Journal

An Overview of Real Estate Loan Forbearance Agreements—Part II

In this second part of a two-part article, Richard S. Fries concludes his discussion of essential provisions to include in a “state of the art” commercial real estate loan forbearance agreement. Here, he covers economic concessions, additional collateral, recourse and remedies.
19 minute read

New York Law Journal

Weathering the Storm: What Corporate Policyholders Need to Know About Hurricane Coverage

Kenneth H. Frenchman, Marc T. Ladd and Alexander M. Sugzda write: When purchasing property insurance, it is important to assess the risk of hurricane damage to your property and have a clear understanding of the coverage that you will have in place in the event of a hurricane.
12 minute read

New York Law Journal

The 'Driverless' Car Era: Liability Considerations

In his Complex Litigation column, Michael Hoenig writes: By huge advances in computer technology (hardware and software), artificial intelligence, sensors, cameras, radar, and mirrors, a car can be transformed into a platform “intelligent” enough to “self-drive” safely.
10 minute read

New York Law Journal

Prevailing Party's Right to Appeal or Obtain Relief

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: The CPLR is very liberal in allowing appeals as of right to be taken to the Appellate Division. However, this extremely broad right to appeal is limited by CPLR §5511 and available only to an “aggrieved party” who “may appeal from any appealable judgment or order except one entered upon the default of the aggrieved party.”
8 minute read

New York Law Journal

Alimony: Who to Tax or Who Not to Tax—That Is the Question

In his Divorce Law column, Alton L. Abramowitz writes: Since the adoption of the Income Tax, the U.S. Congress has repeatedly wrestled with the question of which taxpayers should be burdened with the payment of income tax in a myriad of situations, oftentimes in an effort to maximize the amount of tax that the government can collect. The latest effort to “reform” our income tax laws presents another example of where tax law and divorce law intersect.
8 minute read

New York Law Journal

Cross-Border Discovery and 'Microsoft'

In his Employment Issues column, Philip M. Berkowitz writes: Cross-border discovery is not a new phenomenon. Nor is the conflict that exists between broad U.S. discovery principles, on the one hand, and far more limiting laws of foreign countries, on the other. The issue, though, takes on new significance with the U.S. Supreme Court's acceptance of certiorari last month in 'Microsoft v. United States', where the Second Circuit quashed a search warrant seeking production of emails located on Microsoft's digital server in Ireland.
9 minute read

New York Law Journal

The Dos and Don'ts of 'Yellowstone' Injunctions: A Brief Survey

In this Outside Counsel column, Daniel A. Cohen and Fielding Huseth survey decisions across a variety of asserted breaches, to aid practitioners in determining when a court will issue a 'Yellowstone' injunction.
28 minute read

New York Law Journal

New International Guidelines for Banks on 'Step-In' Risk

In her International Banking column, Kathleen A. Scott discusses new international guidelines issued in October by the Basel Committee on Banking Supervision of the Bank for International Settlements. The guidelines are part of a continuing effort to strengthen oversight and regulation of the so-called “shadow banking system."
11 minute read

New York Law Journal

Time to Open the Door on Exclusive Occupancy

In this Outside Counsel column, Dana M. Stutman writes: It is time for the courts to place priority upon the emotional well-being of people that are divorcing (and their children) and to grant separations to parties as an interim step toward resolution.
6 minute read

New York Law Journal

Courts Begin Applying Two-Part Test for Copyright Eligibility of Design of a Useful Article

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone write: In 'Star Athletica', the U.S. Supreme Court articulated a two-part test for determining whether the design of a useful article is eligible for copyright protection. They report here on the subsequent cases applying this test.
8 minute read

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