Expert Opinion

  • Credit Union Times | Expert Opinion

    Examining the Impact of the #MeToo Movement on Workplace Policies

    By Rosemary S. Gousman and David W. Erb | April 12, 2019

    Every CU's goal should be #MeToo – #NotHere. To achieve that, ensure the effectiveness of your anti-harassment program.

  • New York Law Journal | Analysis|Expert Opinion

    Can a Robot Mediator Really Provide a Win-Win Result?

    By Abby Tolchinsky and Ellie Wertheim | April 9, 2019

    Mediation columnists Abby Tolchinsky and Ellie Wertheim learned of a “fascinating AI application that provides a semblance of mediation” and they ask the question: How might a machine replicate the work of facilitating an autonomous, values-based, and personalized process? How might a machine augment—if not replace—the work of the mediator?

  • New York Law Journal | Expert Opinion

    The Risks of “Baseball Arbitration” in Resolving Real Estate Disputes: A Neutral's Perspective

    By Gerald M. Levy | April 9, 2019

    In 1974 Major League Baseball introduced what is now known as “baseball arbitration.” If a player's representative and the club ownership cannot reach a salary agreement through negotiation, each party enters a final submission and presents its case to a panel of arbitrators which then chooses one or the other of the bids with no other result being allowed. Many real estate lawyers now advise clients to utilize this method for resolving conflicts.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | March 19, 2019

    In his Realty Law Digest, Scott E. Mollen discusses “Weng v. Zhao;” “N.Y.C. Hous. Auth. v. Joseph; Rossman;” v. “Windermere Owners,” and “Smith v. Okopomo.”

  • New York Law Journal | Expert Opinion

    Payment Subordination in Intercreditor Agreements

    By Jeffrey B. Steiner and David Broderick | March 19, 2019

    In their Financing column, Jeffrey Steiner and David Broderick discuss the payment subordination provision in an intercreditor agreement between a mortgage lender and a mezzanine lender, which they characterize as being one of the more material provisions in these agreements.

  • New York Law Journal | Expert Opinion

    The Intricacies of Therapeutic Foster Care

    By Carly Sanchez and Daniel Pollack | March 15, 2019

    Similar to traditional foster care, therapeutic foster care (TFC) is temporary, its purpose being to prepare children for either reunification with their parents, independent living, or adoption. There is some evidence that TFC has helped certain foster children but further research is needed to discern whether the positive effects, if any, have been gained in a cost-effective manner and whether further program innovations are in order.

  • New York Law Journal | Analysis|Expert Opinion

    Is There Sufficient “Public Purpose” to Take Property For Trump's Wall?

    By Michael D. Zarin and David J. Cooper | March 12, 2019

    In this Eminent Domain column, Michael Zarin and David Cooper write: "Should President Trump attempt to condemn private property in furtherance of the proposed wall, it will undoubtingly require the courts to revisit the question of when does the government's use of its eminent domain authority violate the “pretext” admonition" in "Kelo v. City of New London."

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | February 12, 2019

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses “25-35 Bridge St. LLC v. Excel Auto. Tech Ctr. Inc.,” a commercial landlord-tenant case where the court denied equitable relief where the tenant failed to timely exercise the option to purchase; and “Maxwell Dev. v. France,” where the tenant's affirmative misconduct warranted reduction of abatement.

  • New York Law Journal | Expert Opinion

    Amazon's N.Y. Headquarters Meets the Opportunity Zone Program

    By Adam R. Sanders | February 12, 2019

    On Jan. 31, Amazon announced that it will not be utilizing the federal Opportunity Zone Program as part of its acquisition and construction of its Long Island City headquarters. In this article, Adam Sanders writes “While the timing of this announcement appears to be orchestrated to act as an olive branch to local politicians, residents and protestors to deflect from the tax breaks that Amazon is already receiving by passing on the tax benefits of the opportunity zone program, the question remains would or could Amazon have utilized the opportunity zone program anyway?”

  • New York Law Journal | Expert Opinion

    Court Refuses to Hold Domestic Violence Victim Liable for Rent

    By Warren A. Estis and Michael E. Feinstein | February 5, 2019

    In their Landlord-Tenant column, Warren Estis and Michael Feinstein use the case Riverwalk on the Hudson v. Culliton to discuss RPL 227-c —an important remedy which provides a domestic abuse victim who has obtained an order of protection with the ability to terminate the lease and be absolved from liability for rent.

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