New York Law Journal | Expert Opinion
By Sharon L. McCarthy and Daniel Cady Davidson | September 15, 2023
Since the Georgia elections case and the Trump classified documents case, the crime-fraud exception to the attorney-client privilege has become an issue. This article poses the question whether there is actually an erosion of the attorney-client privilege because of these recent cases.
New York Law Journal | Commentary|Expert Opinion
By Rolando T. Acosta and Michael A. Fernández | September 14, 2023
Rolando T. Acosta, former presiding justice of the Appellate Division, First Department, and Michael A. Fernández discuss the need to reform the certification process from the Departments of the Appellate Division to the Court of Appeals, and offer some specific proposals.
New York Law Journal | Expert Opinion
By Theresa A. Driscoll | September 11, 2023
In the 45 years since the enactment of the Bankruptcy Code, the Chapter 11 process has been successfully used by companies to address and resolve mass tort liabilities. However, what were once considered legitimate uses of Chapter 11 may now be rejected by bankruptcy courts as bad faith filings.
New York Law Journal | Expert Opinion
By Helene M. Weiss and Daniel Pollack | September 8, 2023
A discussion of the issues involved in the difficult decision to bring a lawsuit by a child sexual abuse survivor where the attorney must be sensitive to the client's experience, yet frank about possible case outcomes.
New York Law Journal | Expert Opinion
By Bryan T. Mohler and Meghan E. Hill | September 5, 2023
A discussion of issues that hospitality industry stakeholders need to consider as governments increasingly turn to hotels as a source of temporary housing.
New York Law Journal | Expert Opinion
By Elisa Reiter and Daniel Pollack | August 16, 2023
A discussion of how lawyers could benefit from using AI in their legal practice.
New York Law Journal | Expert Opinion
By Bruce M. DiCicco | August 10, 2023
This article discusses the issue of attorney-client privilege for unpaid attorney members of non-profit boards of directors. The question arises whether or not communications to and from the boards of directors and the board member lawyer are protected by the attorney-client privilege.
New York Law Journal | Expert Opinion
By Lara Flath, Judy Flumenbaum and Nick Iacono | August 9, 2023
A recent First Department decision reflects a continued post-pandemic trend of New York courts cracking down on delays in producing discovery materials—including by levying harsh penalties not sought by the complaining party.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | August 8, 2023
While standing may be the most common defense in a residential foreclosure action, there should be little doubt that the RPAPL §1304 90-day pre-foreclosure notice mandate is surely the most insidious.
New York Law Journal | Expert Opinion
By Barbara Goodstein | August 2, 2023
The proposed changes to the UCC effected by the 2022 amendments are numerous, affecting every article in the statute. Among those changes are amendments to the definition of "money" and how a security interest in that type of asset can be perfected. In her Secured Transactions column, Barbara Goodstein discusses the treatment of money under the 2022 UCC amendments and how it's affecting the progress of adoption of the amendments throughout the states, and the "loosely titled hip-pocket amendment" that will try to resolve the issue impeding adoption.
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