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New York Law Journal

Understanding the Full Impact of 'Kokesh' on SEC Enforcement Proceedings

In this Outside Counsel article, Bill Maguire, Terence Healy and Valerie Cahan write: The impacts of 'Kokesh' in SEC enforcement proceedings are significant and will unfold quickly in the coming years.
9 minute read

New York Law Journal

Home Field Advantage Fades for SEC Litigators

In his Corporate Crime column, William F. Johnson writes: As the season changes to fall, and baseball playoffs and football dominate sports headlines, the home field advantage has proven important once again. But in the regulatory litigation game, it appears that even a home field advantage cannot help the Securities and Exchange Commission consistently win its enforcement trials in administrative proceedings.
22 minute read

New York Law Journal

Court Revisits Personal Jurisdiction Issues Post-'Daimler'

In his Northern District Roundup, Adam R. Shaw discusses recent decisions that revisited personal jurisdiction issues since the U.S. Supreme Court's 'Daimler AG v. Bauman' changed the landscape.
11 minute read

New York Law Journal

Interim Exclusion Orders: Substantive Standards and Due Process

In his Matrimonial Practice column, Timothy M. Tippins discusses 'L.M.L. v. H.T.N.', which involved an application for interim exclusive possession of the marital residence. The decision substantially recasts one of the traditional standards governing the grant of such relief.
23 minute read

New York Law Journal

Identity Theft Penalty Enhancement Act of 2004: A Disheartening Story

In this Outside Counsel column, Paul Shechtman writes: If Congress ever summons the will to reform the federal criminal law, §1028A should be among the first provisions it deletes.
29 minute read

New York Law Journal

New York City Requires Adoption of a Smoking Policy

In her Cooperatives and Condominiums column, Eva Talel discusses recent New York City legislation which imposes on residential landlords and boards the obligation to adopt a smoking policy within one-year, and federal legislation which requires public housing agencies to implement a smoke-free policy banning the use of prohibited tobacco products in public housing apartments and adjacent outdoor space by mid-2018. She also provides guidance to boards and managers as to how to establish the required policy and also limit the proliferation of SHS in co-op and condominium buildings.
8 minute read

New York Law Journal

Same-Sex Parental Rights After 'Brooke SB': the case of 'K v. C'

Richard H. Weisberg discusses several recent cases in New York that have adjudicated the parental rights, if any, of a same-sex partner who formally neither plans the conception of nor adopts a child brought into the relationship by the other partner.
7 minute read

New York Law Journal

'Roberts v. Tishman': What's New?

In their Rent Regulation column, Warren Estis and Jeffrey Turkel explore recent case law addressing issues stemming from 'Roberts v. Tishman,' including fraud, treble damages, rent freezes due to failure to register, and an owner's right to seek luxury deregulation for stabilized apartments after J-51 benefits expire.
16 minute read

New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses "Jovic v. Blue," "Liev v. Jones," "Ciampa Bell v. Han," and "Leonard H. Shapiro Revocable Living Trust v. Achenbaum."
23 minute read

New York Law Journal

Being Cyber-Secure AND Cyber-Compliant

In his Cross-Border Concerns column, Stephen Treglia analyzes the question: How is it possible that a computer system can be so well locked-down that no hacker can successfully gain access, and yet the entity in charge of protecting that data be considered out-of-compliance?
9 minute read

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