New York Law Journal | Analysis|Expert Opinion
By Ethan Greenberg and Sam Braverman | March 21, 2023
An assessment of the likely pending New York prosecution of Donald Trump stemming from the payments made to Stormy Daniels in advance of the 2016 election. The authors argue that while the defenses that Trump allies have advanced publicly so far are likely to fail, more substantial hurdles to prosecution may well defeat the case.
New York Law Journal | Best Practices|Expert Opinion
By Laurie McPherson and Deepti Shenoy | March 10, 2023
Commentators have noted the coarsening of American discourse in recent times, which has been marked by deep polarization of issues both within and outside the legal sphere, the inability of warring factions to disagree with each other appropriately and respectfully, and the erosion of civility norms. In the authors' view, the time has come for the profession as a whole, and matrimonial practitioners in particular, to revisit and recommit to civility as the standard for professional practice.
New York Law Journal | Commentary|Expert Opinion
By Ioana Good | March 7, 2023
Ioana Good discusses several issues to consider regarding both the positives and negatives of AI.
New York Law Journal | Analysis|Best Practices|Expert Opinion
By Mark A. Berman and Craig J. Doran | March 6, 2023
The Commission to Reimagine the Future of New York's Courts recently issued a report entitled "New York Court's Response to the Pandemic" providing recommendations for making the justice system more user friendly and fair to the citizens of New York. In this first article in their two-part series, Mark Berman and Justice Craig Doran discuss some of the recommendations of the report.
New York Law Journal | Expert Opinion
By Peter A. Crusco | February 27, 2023
In his Cyber Crime column, Peter Crusco discusses recent case law compared to earlier law and how these decisions demonstrate that "although the technology has changed, contract law has remained stable and appropriate to respond to the new developments in cybersecurity insurance."
New York Law Journal | Expert Opinion
By Bruce J. Bergman | February 27, 2023
On Feb. 14, the Court of Appeals rendered an important decision in 'Bank of America, N.A. v. Kessler,' reversing the lower courts on the subject of pre-foreclosure notices.
New York Law Journal | Expert Opinion
By Philip Katz | February 27, 2023
While it is not—and should not—be the sole basis for a jurist's decision on custody, the in-camera interview often has a more profound impact upon the court's decision than anything the parents' attorneys say or do in open court. For this reason, attorneys must understand what occurs during the in-camera interview, plan for it, and advise their clients accordingly.
New York Law Journal | Expert Opinion
By Patricia C. Marcin and Karen Eng | February 24, 2023
Many individuals are considered "house rich, cash poor," meaning that their biggest asset is their house. While some of these individuals have an estate plan in place, many do not and are unaware of the consequences. Without proper estate planning, heirs inheriting a house can find themselves in a precarious situation. Fortunately, a provision in New York's Real Property Law helps to remedy the situation.
New York Law Journal | Expert Opinion
By Michele F. Vaillant, Veronica H. Montagna and Matthew A. Windman | February 23, 2023
A discussion of the final clawback rules published by the SEC on Nov. 28, 2022, in response to the requirement under the Dodd-Frank Wall Street Reform and Consumer Protection Act to increase transparency and disclosure in financial reporting.
New York Law Journal | Expert Opinion
By Bryan Furst | February 22, 2023
A discussion of the proposed application of the "behavioral realism" approach to New York's search and seizure law to provide a check against racist policing.
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