New York Law Journal | Expert Opinion
By Thomas R. Newman and Steven J. Ahmuty Jr. | July 3, 2018
Appellate Practice columnists Thomas R. Newman and Steven J. Ahmuty Jr. discuss aggrievement in appellate standing.
New York Law Journal | Expert Opinion
By Eva Talel | July 3, 2018
Cooperatives and Condominiums columnist Eva Talel discusses updated information on balcony enclosures and rooftop use.
New York Law Journal | Expert Opinion
By Martin A. Schwartz | July 2, 2018
In his Section 1983 Litigation column, Martin A. Schwartz notes that qualified immunity has recently come under attack by prominent federal jurists and legal scholars.
New York Law Journal | Expert Opinion
By Elkan Abramowitz and Jonathan S. Sack | July 2, 2018
Section 10(b) of the Securities Exchange Act became law in 1934, and Rule 10b-5 was promulgated by the SEC in 1942, but it was not until the early 1960s, with Cady, Roberts & Co., 40 S.E.C. 907 (1961), that the modern law of insider trading began to develop.
New York Law Journal | Expert Opinion
By Richard Strassberg, William Harrington and Annie E. Railton | June 28, 2018
In their Federal Civil Enforcement column, Richard Strassberg, William Harrington and Annie E. Railton write: In 2010, Congress amended the anti-kickback statute (AKS) to confirm that claims “resulting from” illegal kickbacks are false and thus actionable under the federal False Claims Act (FCA).
New York Law Journal | Expert Opinion
By Corinne Ball | June 27, 2018
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the case "Franchise Services of North America" and writes: The importance of this case rests upon the threshold determination that relief from provisions in the certificate of incorporation granting rights to bona fide investors must be sought in the relevant state court, even when the remedy sought is the exercise of a federal right, generally exercised by fiduciaries that are required to act in the corporation's best interests.
New York Law Journal | Analysis|Expert Opinion
By James E. Mercante | June 26, 2018
In his Admiralty column, James E. Mercante writes: Recent marine casualties demonstrate that operators of watercraft can be lured into inattention as readily as their landlubbing counterparts.
New York Law Journal | Analysis|Expert Opinion
By Martin Flumenbaum and Brad S. Karp | June 26, 2018
The main doctrinal source of the modern federal sentencing regime is United States v. Booker, 543 U.S. 220 (2005). The U.S. Supreme Court in Booker famously ruled that the U.S. Sentencing Guidelines, which had been binding, must be advisory to be constitutional.
New York Law Journal | Expert Opinion
By Elai Katz | June 25, 2018
A federal trial judge rejected the Department of Justice's challenge to AT&T Inc.'s proposed acquisition of Time Warner Inc., denying the government's request to block the proposed merger of a leading communications provider with a major entertainment company.
New York Law Journal | Expert Opinion
By Conrad Teitell | June 22, 2018
In his Estate Planning and Philanthropy column, Conrad Teitell writes: “The Tax Cuts and Jobs Act,” Pub. L. No. 115-97, limits an individual's deduction under IRC Section 164 for the total amount of state and local taxes (SALT) paid during the calendar year to $10,000 ($5,000 for a married individual filing a separate return)
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