NEXT
Sign in to follow

New York Law Journal

The Insurance Industry's Love-Hate Relationship With Legal Finance

Legal finance has found some vocal detractors in its development. Big business generally, and the insurance industry particularly, may never fully embrace it—but their roles in the legal risk marketplace confirm that the line between good capital and bad capital isn't as clear and as fine as they seek to make it.
8 minute read

New York Law Journal

Navigating Cross-Border Insolvencies: Balancing Efficiency and Eligibility

In this article, Richard J. Bernard and Roya Imani explore the challenges faced by U.S. debtors aiming to qualify for Chapter 15 recognition.
9 minute read

New York Law Journal

As US Bankruptcy Filings Increase, Legal Finance Is Set to Play an Important Role

US corporate bankruptcy filings are at the highest point since 2010, signaling a significant increase in bankruptcy activity for the first time since the legal finance industry emerged in the wake of the 2007-2008 financial crisis.
5 minute read

New York Law Journal

WeWork's Potential Bankruptcy Raises Issues for Landlords and Member-Tenants

In this article, Gregory Plotko and Marissa Higgins discuss in substance the most pressing issues for both landlords and tenants in the event of a WeWork bankruptcy filing under the U.S. Bankruptcy Code.
8 minute read

New York Law Journal

Outsize Role Bankruptcy Courts Play in Mass Tort Litigation

This article addresses the "Texas Two-Step" litigation strategy when it comes to bankruptcy and discusses whether this strategy of utilizing the Chapter 11 process to handle mass tort litigation claims is fair, effective and will survive the scrutiny of the courts.
7 minute read

New York Law Journal

Purdue Pharma: Will the Sacklers Get Sacked? Supreme Court Stays Effectiveness of Plan of Reorganization

On Aug. 10, 2023, the U.S. Supreme Court stayed a decision of the U.S. Court of Appeals for the Second Circuit that held that nonconsensual third-party releases of direct claims against nondebtors are statutorily permitted under sections 105(a) and 1123(b)(6) of the Bankruptcy Code and that the court's case law allows for nonconsensual third-party claim releases in specific circumstances.
8 minute read

New York Law Journal

Post-Pandemic Residency and Tax Planning Trends for NY Residents

There has been an inflection point in the economy as a result of work life returning to a new post-pandemic normal. These changes are, in turn, impacting employees' choice of domicile for trust and estate planning purposes, among other things. In this article, Juliya L. Ismailov explores the far-flung tax consequences of post-pandemic recovery.
7 minute read

New York Law Journal

Decanting a 'HEMS Only' Trust in Favor of an SNT

New York's decanting statute is a tool frequently used by practitioners. In this article, Joseph T. La Ferlita and Nicholas G. Moneta suggest that a targeted technical amendment to EPTL 10-6.6 should be considered to address the potential issues the decanting statute presents.
7 minute read

New York Law Journal

Standing of Trust Beneficiaries in Derivative Actions

Since New York case law generally holds that a trustee is the proper party to a suit in conflict situations, the aggrieved trust beneficiary is seemingly without options. Practitioners, however, should be familiar with two exceptions to the general rule in this context—the so-called "double-derivative" standing of a trust beneficiary and "equitable owner" approach to standing. This piece sets forth a brief basis for each theory and strategic considerations when bringing these types of matters.
8 minute read

New York Law Journal

The Fight of Your Life Before Your Death: The Anatomy of a Pre-Mortem Will Contest

The new wave of elder law litigation begs the question: Are we witnessing the unofficial beginning of ante-mortem will contest in New York? In this article, Laura M. Brancato highlights how post-mortem probate can expose the vulnerability of an estate's resources and discusses whether ante-mortem probate could act as a viable alternative.
8 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • The Power of Online Reputation Management For Attorneys: A Critical Tool For Law Firms in 2025

    Brought to you by Erase.com

    Download Now

  • The Role of Evolving Support Structures in Optimizing Legal Talent

    Brought to you by BigHand

    Download Now

  • Corporate Monitorship Advisory Services

    Brought to you by HaystackID

    Download Now

  • AI-Powered Deposition and Medical Record Summaries: Low Risk, High Reward

    Brought to you by Parrot

    Download Now