Expert Opinion

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | July 21, 2020

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses the land use case "Matter of Dreyer v. Stachecki; a joint ventures decision "Michael Eisenberg v. Miriam Weisbecker;" and a landlord-tenant case "Francis v. Stein."

  • New York Law Journal | Expert Opinion

    Preserving Client Anonymity in Sex Abuse and Sex Trafficking Cases

    By Greg Gutzler, Lisa Haba, and Justin Hawal | July 21, 2020

    A guide to protecting your client's identity in sexual assault cases.

  • New York Law Journal | Expert Opinion

    County Planning Agencies' Oversight of Local Land Use Decisions

    By Anthony S. Guardino | July 21, 2020

    State law requires that local officials notify county planning agencies of many proposed land use actions. The failure to do so can have significant repercussions. In his Zoning and Land Use Planning column, Anthony Guardino discusses the key elements of GML §239-m, the way it works in practice in various New York counties, and how courts have addressed the law.

  • New York Law Journal | Expert Opinion

    Is Senator Burr Guilty of Insider Trading under the STOCK Act?

    By Barry Temkin and Mitchell S. Markarian | July 20, 2020

    The SEC and U.S. Justice Department are investigating suspicious stock trades made by U.S. Senator Richard Burr in February 2020, which might have been based in part upon confidential information about the Coronavirus pandemic disclosed at closed-door congressional hearings, which if true, might violate the Stop Trading on Congressional Knowledge, or STOCK Act. The investigations may turn on whether Senator Burr's trades were based upon confidential government information, or publicly available news reports.

  • New York Law Journal | Expert Opinion

    Workers' Comp Board Clarifies Scope of COVID-19 Compensability

    By Brian Murphy and Lindsay Stone | July 17, 2020

    As employers in New York begin to reopen, employee infection events are likely to occur. Employers should understand the potential applicability of workers' compensation coverage to guard against unexpected tort and other liability.

  • New York Law Journal | Expert Opinion

    You Can't Pause No-Fault Claims

    By Robyn M. Brilliant | July 17, 2020

    Despite New York's full lockdown since March 23, with only the first steps of reopening beginning on June 8, insurers continued to receive new no-fault claims.The steps taken to "flatten the curve" created numerous challenges to the no-fault arena and there are a number of issues that have yet to be addressed.

  • New York Law Journal | Expert Opinion

    DOJ's Pandemic-Related Enforcement Priorities Warrant Caution

    By Eric W. Moran and Jeffrey P. Mongiello | July 16, 2020

    An examination of Attorney General William Barr's recent direction to federal prosecutors to "prioritize the detection, investigation, and prosecution of all criminal conduct related to the current pandemic," and what the resulting enforcement actions for price gouging, program fraud, healthcare fraud, anti-kickback violations, and consumer protection means for businesses.

  • New York Law Journal | Expert Opinion

    Puffery or Not? Courts Examine Corporate Codes of Conduct

    By Sarah Lightdale, Ian Shapiro and Linh Nguyen | July 15, 2020

    Although a number of federal courts have found code of conduct statements to be non-actionable puffery, given the uncertainty in the face of the novel coronavirus pandemic, public companies should review their codes of conduct and revise them if necessary to mitigate litigation risk.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | July 14, 2020

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses the NY Court of Appeals decision in "Regina Metropolitan Co. v. New York State Div. of Hous. & Community Renewal" which presents a common issue under the Rent Stabilization Law: What is the proper method for calculating the recoverable rent overcharge for New York City apartments that were improperly removed from rent stabilization during receipt of J-51 benefits prior to Roberts v. Tishman.

  • New York Law Journal | Expert Opinion

    Designing a Foreclosure Sale Under the UCC During COVID-19

    By Jeffrey B. Steiner and Scott A. Weinberg | July 14, 2020

    In their Real Estate Financing column Jeffrey B. Steiner and Scott A. Weinberg review the recent case, D2 Mark v. OREI VI Investments to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.

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