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November 25, 2024 | New York Law Journal

Decision of the Day: Split Circuit Panel Bars Enforcement of Ivory Law's 'Display Restriction' on Antique Group Members

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
November 25, 2024 | New York Law Journal

Trade Fixtures in New York Eminent Domain Cases—What Qualifies and How Are They Valued?

The author states "New York courts have consistently held that the proper method of valuation for trade fixtures is reproduction cost less depreciation. This means that each fixture item is valued based on the cost of reproducing that item as of the time of the eminent domain seizure, less the depreciation of such item, to arrive at its sound value."
10 minute read
November 25, 2024 | New York Law Journal

The Empty Promise of ‘Dubin v. United States’

Congress enacted 18 U.S.C. §1028A to impose stricter penalties on aggravated identity theft, but its ambiguous language has allowed prosecutors to apply it broadly, often leading to disproportionate sentences for crimes not fitting the traditional understanding of identity theft. In their article, Andrew Mancilla and Robert Fantone discuss the Supreme Court’s decision in Dubin v. United States which aimed to curb this overreach.
9 minute read
November 25, 2024 | New York Law Journal

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Click on the selected day/section to open the New York Law Journal in PDF format.
1 minute read
November 25, 2024 | New York Law Journal

Judicial Ethics Opinion 24-65

A judge in a two-judge town court may preside in a criminal case where their co-judge’s relative was the arresting officer, provided the judge can be fair and impartial.
2 minute read
Law Journal Press | Digital Book Massachusetts Legal Ethics & Malpractice 2017 Authors: James S. Bolan, Sara N. Holden View this Book

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November 22, 2024 | New York Law Journal

Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry

“No state has done more than New York now has to try to put a stop to the kinds of abuses PBMs have been accused of for quite some time,” said Jonathan L. Swichar, a Duane Morris partner in Philadelphia who chairs the firm’s Pharmacy Litigation Group.
6 minute read
November 22, 2024 | The American Lawyer

Trump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work

"We are starting to see firms focus on capital markets associate hiring in anticipation of increased debt and equity offerings in a decreased SEC regulatory environment," said Lateral Link Managing Director Jesse Hyde.
7 minute read
November 22, 2024 | The American Lawyer

Bonus Parade Continues, With Additional Firms Matching Milbank

While firms didn't rush to match Milbank's special bonuses in August, Cleary, Davis Polk, Weil, Skadden Arps, Cadwalader, and O'Melveny are the latest to join the ranks of those matching Milbank's summer and end-of-year bonus schedule.
2 minute read
November 22, 2024 | New York Law Journal

European, US Litigation Funding Experts Look for Commonalities at NYU Event

"We do not think or do not deem it necessary that the agreement itself should be disclosed," said Susanne Augenhofer, a professor at the Austrian-based University of Innsbruck and visiting professor at Yale Law School. "Yes to disclosure, but only to the identity of the funder and the fact that a third-party funder is involved."
5 minute read
November 22, 2024 | New York Law Journal

NY Judge Indefinitely Delays Sentencing in Trump Hush Money Case

Judge Juan Merchan of the Supreme Court of the State of New York also allowed Trump's defense team to move to dismiss the case.
3 minute read