By Diana M. Eng and Andrea M. Roberts | January 6, 2023
The Act arguably violates both Substantive Due Process under the Fourteenth Amendment and the Contracts Clause. Perhaps Governor Hochul did not previously sign the Act into law, despite its passage in May 2022, because of these constitutional issues, as well as other issues that plague the legislation. Needless to say, this is not the end of the story, as the Act will be litigated.
By Angela Turturro | December 12, 2022
In this Special Report: "Private Judges: How New York Can Unclog the Backlog," "Judgment Enforcement in the New Age of Digital Assets," "Foreign Country Money Judgment Actions Now Face Due Process Hurdle in New York," "The No Contact Rule: Common Scenarios and Best Practice" and "Litigation Proliferation Adds to Court Backlog."
By Marc Harwell and Laura Keily | December 9, 2022
One of the biggest issues facing the legal sector today is the present and growing court backlog. It's become so severe that task forces from the National Center for State Courts (NCSC) and individual states are exploring changes to court procedures to ensure access and speed to resolution.
By Alan R. Feigenbaum and David B. Saxe | December 9, 2022
Change may not be easy at first, but progress often does not happen without some form of change.
By Edward Boyle and Benjamin (Ben) Paull | December 9, 2022
Foreign judgment creditors may now consider domesticating their judgments in states with broader recognition than New York, and foreign judgment debtors may now consider whether any foreign judgment against them is compatible with due process under New York standards.
By Brian A. Katz | December 9, 2022
Application of the No Contact Rule will often turn on facts specific to the case and individuals involved.
By Seth M. Cohen and Alan M. Mendelsohn | December 9, 2022
As digital assets become more ubiquitous in the business world, litigants will need to be mindful of the extent to which their clients and adversaries hold such assets, and how that may impact judgment enforcement.
By Angela Turturro | December 5, 2022
In this Special Report: "Impact of 'Ruan v. United States': Taking Stock of the Legal and Compliance Implications for Criminal Law and Health Care Practice," "Who Will Be the Crypto Regulator and Why It Matters," "It's the Cover-up, Not the Crime: 'U.S. v. Sullivan', Misprision of a Felony and the Disclosure of Misconduct" and "The White-Collar Defense Juror and the 'Trump Effect': An Empirical Analysis."
By Jolie Apicella | December 2, 2022
This article reviews the 'Ruan' decision and how district courts are applying it in practice. Next, the article explores enforcement trends following the decision. This article concludes by suggesting how 'Ruan' might inform prescribing practices and prosecutors' charging decisions.
By Jason P.W. Halperin and Edmund P. Daley III | December 2, 2022
A number of federal agencies will ultimately play a role in regulating digital assets but only two are likely to lead the crypto regulatory regime.
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