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New York Law Journal

FEPA: The Most Influential Anti-Bribery Legislation Since FCPA or a Paper Tiger?

For those who advise clients on matters relating to cross-border compliance, the Foreign Corrupt Practices Act has been the primary federal anti-bribery law since 1977. That was until 2023, when President Biden signed into law the Foreign Extortion Prevention Act. In doing so, the federal government filled a longstanding gap that was unaddressed: the "demand side" of foreign bribery and corruption.
8 minute read

New York Law Journal

DOJ Seeks to Incentivize Corporate Compliance Through Voluntary Self-Disclosure Programs, Including Program for Individuals

The DOJ and certain individual U.S. Attorney's Offices have announced six different voluntary self-disclosure or whistleblower policies and programs. With the proclamation of each one, the DOJ sent a clear message that they remain focused on corporate enforcement and want to incentivize companies and corporate insiders to self-report corporate malfeasance.
6 minute read

New York Law Journal

All Lies Are Not the Same: The Federal Fraud Statute Under Attack

The U.S. Supreme Court and numerous circuit courts are seriously narrowing the scope of behavior that constitutes criminal fraud. This developing legal landscape requires defense counsel to rethink strategies on how to best defend against federal criminal fraud allegations.
8 minute read

New York Law Journal

What's the Government Have To Do with Pre-Trial Release? For Foreign White-Collar Defendants, Almost Everything

Two recent cases illustrate that the detention or release of foreign white-collar defendants pending trial almost always rests upon the DOJ's recommendation, and appears to result in sometimes inconsistent results.
7 minute read

The Legal Intelligencer

The Risks and Rewards of Using Open Source Software

Software development has become a driving force behind innovation and progress across many industries. A key factor in this development is open source software, which has transformed the way technology is created and shared.
11 minute read

New York Law Journal

Right of Utilities To Acquire Real Property via Eminent Domain in New York

It is a little-known fact that, in New York, electric and gas corporations may acquire property via eminent domain if said property is necessary for its corporate purposes. Eminent domain is an awesome power that is usually reserved for the government. However, New York state has long granted this same eminent domain power to utilities as well.
6 minute read

New York Law Journal

Unpacking ANNY, NYC's New Affordable Housing Tax Exemption Program

After two long years since the "lapse" of New York's 421-a program, real estate developers may finally be able to breathe a sigh of relief, as the new ANNY program will bring many of the same real property tax benefits for providing affordable housing.
7 minute read

New York Law Journal

Good Cause Eviction: Uncertainty Abounds in New Law's Provisions

This article will discuss two examples of the open questions concerning the Good Cause Eviction (GCE) law's statutory text: (1) the "small landlord" exemption from GCE's coverage and (2) the new required rent increase notices and their interplay with preexisting rent increase notice requirements.
7 minute read

New York Law Journal

Corporate Transparency Act, NY LLC Transparency Act and Global KYC Regulations: A Comparative Analysis

The CTA and NYTA are two significant pieces of legislation designed to enhance corporate transparency and prevent unlawful activities such as money laundering and tax evasion. This article discusses the acts' impact on the New York real estate industry and compares them to related legislation in other global markets.
8 minute read

New York Law Journal

Fines, Late Fees and Limits on Co-op and Condo Board Authority

Fines and late fees may be important—even essential—tools of co-op and condo self-governance, but there are limits which must be respected. This article explores three potential limits on the use of fines and late fees by co-op and condo boards.
8 minute read

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