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New York Law Journal

Alabama Senator-in-Waiting Roy Moore and Constitutional Anarchy

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.
9 minute read

New York Law Journal

Unlimited Liability in Limited Liability Companies

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.
9 minute read

New York Law Journal

Attorneys as Whistleblowers

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.
9 minute read

New York Law Journal

Retail Bankruptcy Trends

Gary Eisenberg writes: Retail bankruptcies continue apace in 2017. Their effects on commercial real estate are potentially widespread. What has been less well understood is how changes to the Bankruptcy Code from over a decade ago and trends in bankruptcy practice have combined to limit considerably the likelihood that any retailer filing for Chapter 11 bankruptcy relief can emerge successfully as a reorganized company.
6 minute read

New York Law Journal

The Electricity Sector Heats Up. But Is Electricity a 'Good' Under Article 9?

In her Secured Transactions column, Barbara M. Goodstein writes: The nature of electricity as an asset under the UCC will undoubtedly become more of an issue over time. Overall, most courts considering the issue have held electricity to constitute “goods,” although the bankruptcy cases continue to be divided. New York courts are the sole outlier in non-bankruptcy cases.
11 minute read

New York Law Journal

Failing to Pay a FINRA Arbitration Award: The Good, The Bad and The Ugly

Ethan A. BrecherThe consequences to a Financial Industry Regulatory Authority (FINRA) registered representative for not paying an adverse arbitration…
12 minute read

New York Law Journal

Notable Decisions From the 2016-2017 Term, Continued 

In his Evidence column, Michael J. Hutter continues his discussion of 2016-2017 evidence decisions which were important due to their practical impact but which might be overlooked by the bench and bar due to their less-heralded nature.
12 minute read

New York Law Journal

Cybersecurity in the Health Care Sector

In his Health Law column, Francis J. Serbaroli discusses an important new report by a federal cybersecurity task force on the dangers of cyberattacks in the health care industry. He summarizes the report's comprehensive recommendations, and warns that health care organizations that ignore or underestimate the dangers of cyberattacks face considerable financial and legal liabilities.
9 minute read

New York Law Journal

Pre-Impact Terror and Conscious Pain and Suffering in Wrongful Death Cases

Trial Practice columnists Robert S. Kelner and Gail S. Kelner write that even though the jury awards were reduced in the catastrophic 91st St. crane collapse case, the Appellate Division allowed very significant amounts for the decedents' preimpact terror as the giant crane collapsed, and for their conscious pain and suffering after sustaining catastrophic injuries. This decision should encourage more vigorous examination of damages for preimpact terror and conscious pain and suffering in future wrongful death cases.
13 minute read

New York Law Journal

'Move over, please?' Law Firms Get a Seat at the Litigation Finance Table

James Blick and Erika Levin write: Whatever you may think about litigation finance, funders are out there and they are finding good quality, high-value cases in which to invest and charging big returns on the winners. But if litigation finance is booming, then why too aren't law firm profits, buoyed up by a rising tide of contingency fee revenue?
13 minute read

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