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June 28, 2010 | New York Law Journal

Capping Landlords' Lease Rejection Damage Claims

Douglas P. Bartner, a partner at Shearman & Sterling, Ned S. Schodek, a senior associate, and Ryan C. Knutson, an associate with the firm, explore the applicability of §502(b)(6) of the Bankruptcy Code, which caps claims asserted by a landlord against a debtor tenant's estate, to landlord guaranty claims.
13 minute read
October 02, 2008 | New York Law Journal

Southern District Civil Practice Roundup

Edward M. Spiro and Judith L. Mogul, principals of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, analyze recent cases which indicate that Southern District judges have heeded the Second Circuit's directive to engage in a more probing, robust analysis of the requirements for certifying a class under Rule 23. It is likely that at least in the short run, these rulings will result in more, rather than less litigation as class-action participants engage in a legal tug of war to pull their cases over the dividing line between cases that turn on individualized questions and those where classwide determinations will predominate. In the long run, this heightened supervision of class litigation may result in greater efficiencies for both sides of the class action divide.
13 minute read
August 28, 2012 | New York Law Journal

Demise of Dewey Leaves Some Groups Scrambling for Pro Bono Counsel

Although other law firm collapses have left organizations scrambling to reassign pro bono work, Dewey's disappearance has struck a particularly significant blow given the extent of its contributions. In 2011, The American Lawyer ranked the firm fifth among the nation's largest law firms for its commitment to pro bono.
5 minute read
September 03, 2010 | New York Law Journal

It's Time to End The 30-Day Preclusion Rule

Evan H. Krinick of Rivkin Radler discusses how the existing statutory provision requiring the payment of interest is a strong incentive for insurers to pay valid claims timely whereas the 30-day rule currently is not.
11 minute read
December 02, 2005 | New York Law Journal

NYU Law Hosts Conference On Intelligence Sharing

Seventeen men privy to state secrets in Europe and America gathered at New York University School of Law recently for a hush-hush conference of a sort never held anywhere else in the world. There was a single item on the agenda: Formation of an international coalition willing to share information to combat world terrorism.
5 minute read
March 06, 2013 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, reviews recent cases of interest involving the application of the Martin Act and the voting standards to apply in a proposed privatization of a Mitchell-Lama cooperative housing project, and a landlord's attempt to recover a leased Section 8 unit after the tenant stopped paying extra rent on an attic that was not part of the Section 8 unit.
12 minute read
August 05, 2011 | Law.com

Ex-Sullivan & Cromwell Partner Admits Failing to Pay $2.8 Million in Taxes

John J. O'Brien, 48, a mergers and acquisitions specialist who left Sullivan & Cromwell in 2009, pleaded guilty to four misdemeanors before Southern District Magistrate Judge Henry B. Pitman, conceding he failed to pay taxes in 2005 and 2007, and failed to file income tax returns in 2004 and 2006. Mr. O'Brien's voice shook as he allocuted for the court and said, "I plead guilty, your honor." Mr. O'Brien's range under the advisory U.S. Sentencing Guidelines is three years and one month to three years and 10 months.
3 minute read
July 08, 2002 | New York Law Journal

Nassau Insurance Discovery Rulings Diverge

MINEOLA Two Nassau Supreme Court justices have reached opposite conclusions regarding an insurance law discovery rule unsettled in the Second Department.
5 minute read
October 05, 2009 | New York Law Journal

State Statute Does Not Cover Securities Deception, U.S. Judge Concludes

4 minute read