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New York Law Journal

CEO Pay Ratios: What Do They Mean?

In his Executive Compensation column, Joseph E. Bachelder III writes: There are two ratios often cited to support the argument that CEO pay is too high. But these ratios do not necessarily support that argument and do not explain underlying factors that cause pay levels to be where they are.
21 minute read

New York Law Journal

Debate Over Environmental Rights and State Constitutional Convention

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write: Both the New York state and New York City bar associations have come out in favor of a Constitutional Convention. Both would leave the Forever Wild clause untouched. However, they come to opposite positions on an environmental rights provision.
23 minute read

New York Law Journal

A New Tool for Real Estate Development Counsel

Jason A. Stern writes: 'Blue Island' gives clear guidance to real estate development counsel that may be faced with a municipality trying to overreach in imposing restrictions on a project without justification.
6 minute read

New York Law Journal

Decisions Consider Bankruptcy Court's Authority to Approve Third-Party Releases

In her Distress Mergers and Acquisitions column, Corinne Ball discusses two recent decisions that address whether a bankruptcy court has subject matter jurisdiction over and constitutional authority to approve third-party releases as part of plan confirmation process. In considering this question, albeit facing very different plans, the two courts came to different conclusions.
12 minute read

New York Law Journal

Defining the Scope of 'McDonnell v. United States'

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: 'McDonnell' has had a profound impact on public corruption cases throughout the country, particularly in the Second Circuit, where several high profile convictions have been vacated for failing to comply with 'McDonnell's new requirements on how juries must be charged on various elements of public corruption crimes.
20 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 'Nick and Duke v. New York Housing Preservation', where it was held that a housing agency's failure to ensure notice constituted a Due Process Claim.
15 minute read

New York Law Journal

Departments Tackled Employment Issue, Personal Injury and More in Third Quarter

Just in time for Halloween, Leo Milonas and Andrew C. Smith, in their Appellate Division Review, have perused the Appellate Division's recent decisions to bring you some of the treats from the third quarter of 2017.
9 minute read

New York Law Journal

The Facts About New York's Paid Family Leave Law

Paid Family Leave allows employees to take time off for the birth or adoption of a child, to care for a close relative with a serious medical condition or to raise a family while a spouse is deployed for active military service.
4 minute read

New York Law Journal

Comparison of Tri-State Area Recreational Use Statutes

In their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell write: Beginning in the 1950s, states began adopting recreational use statutes, which shield landowners from tort liability when people engage in certain types of outdoor recreation on those lands, thus encouraging recreation. Although New York's, New Jersey's, and Connecticut's statutes are structured similarly, their application has been far from uniform.
9 minute read

New York Law Journal

The Missing Link in Lavern's Law

Peter A. Kolbert and Andrew S. Kaufman write: It is time for thoughtful evaluation of New York state's tort laws as they apply to medical malpractice and personal injury cases. Lavern's Law should not be signed into law unless it is part of a broader effort to achieve fairness for all parties in medical malpractice cases.
17 minute read

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