New York Law Journal | Expert Opinion
By Yael V. Levy | July 6, 2020
A discussion of recent decisions from the U.S. Supreme Court and NY Court of Appeals construing federal and state public corruption laws. The author makes the case that New York prosecutors may now be in a better position than federal prosecutors to go after public corruption.
New York Law Journal | Expert Opinion
By Linda Gerstel | July 3, 2020
Mandatory mediation is now the law in New York modeled on the Super-Storm Sandy prototype . Will it achieve the same success as past mass disaster mandatory mediation programs?
New York Law Journal | Expert Opinion
By Adam Kaufmann and Marc Frazier Scholl | July 2, 2020
An examination of New York's new criminal discovery laws, specifically the new CPL article 245 which provides that significant, enumerated disclosures be made to the defense within specified time periods.
New York Law Journal | Expert Opinion
By Jessica L. Falk and Rachel Kaplowitz | July 2, 2020
A discussion of notable cases finding Rule 34 violations, various remedies the courts have implemented, and some practice pointers to ensure compliance.
New York Law Journal | Expert Opinion
By Philip Berkowitz and James Horton | July 2, 2020
Whether personnel records are admissible into evidence is a different issue than whether they are discoverable, and this will always be a fact-intensive inquiry.
New York Law Journal | Expert Opinion
By Nativ Winiarsky | July 2, 2020
In this follow up to last month's article discussing 'Regina Metro v. New York State Div. of Hous. & Community Renewal' in relation to its holding concerning the unconstitutional retroactive application of Part F of the HSTPA, this article focuses on another feature of that decision—fraud—which didn't get as much coverage but nonetheless may be just as impactful.
New York Law Journal | Expert Opinion
By Joel R. Brandes and Chris McDonough | July 1, 2020
In matrimonial matters there is no right to counsel. Thus, low-income individuals with marital disputes in court must either qualify for free legal assistance or represent themselves. One solution to this is "unbundled" legal services, also known as "limited scope representation." This article discusses the issues involved when attorneys assist pro se litigants.
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | June 30, 2020
In "520 Tinton, L.P. v. Harlem United," the court addressed an obscure portion of the HSTPA, embodied in the Part J amendments which granted protection from non-primary residence evictions to not-for-profit entities that provide "scatter site" housing for the homeless. In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss whether the amendments are constitutional.
New York Law Journal | Expert Opinion
By Scott E. Mollen | June 30, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the condominium law case "Gharai v. Board of Mgrs. of the Atelier Condominium," and three landlord-tenant cases "1371 Franklin Ave. v. Pugh," "Westman Realty Co. v. Cookson," and "530 Second Ave. Co. v. Zenker"
New York Law Journal | Expert Opinion
By Scott D. Locke and Jessica J. Kastner | June 30, 2020
A recent case that addressed rights in the trademark reign provides a cautionary tale of the consequence of the failure to assign a trademark with its goodwill.
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