By Jeffrey B. Steiner and Megan Vallerie | May 14, 2024
A seemingly tidy and fair solution to a very complicated problem, a deed in escrow gives a borrower additional time to sell or refinance its property while still giving the lender an efficient means to obtain the property if the borrower defaults anew. This is hardly a gift in New York though, where the oft-called "deed in a box" is almost always held to be unenforceable.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | May 14, 2024
The Court of Appeals recently overturned the criminal conviction of Hollywood producer Harvey Weinstein. The majority opinion reversed a decision of the Appellate Division, First Department that had affirmed Weinstein's conviction. There were two strongly worded dissents by Judges Singas and Cannataro.
New York Law Journal | Analysis
By Karen Hoffman Lent and Kenneth Schwartz | May 13, 2024
This article highlights the overarching themes from the American Bar Association's 2024 Antitrust Spring Meeting, including emerging technology, agency enforcement and prevailing competitive concerns.
New York Law Journal | Analysis
By Paul Batista | May 10, 2024
Within months of the Supreme Court's decision in 'Yegiazaryan v. Smagin', a significant number of federal appellate courts applied the new precedent with impressive speed, thoroughness and consistency. In doing so, the Courts of Appeals have expanded the scope of RICO into terrain in which older decisions had not dared to tread.
By Jeffrey A. Galant | May 10, 2024
Given their druthers, parents generally prefer to treat children equally when it comes to passing on parental property upon death however situations may exist where transfers can be fair and equitable, even though not in equal amounts or shares.
New York Law Journal | Analysis
By Michael B. Gerrard | May 10, 2024
On March 6, 2024, the SEC issued its final rule that notably eliminated Scope 3 disclosures by public companies—but companies that don't want to make these disclosures should not rejoice, as new requirements from both California and Europe do mandate this information and apply to most large companies operating in the United States.
New York Law Journal | Analysis
By Richard S. Fries | May 9, 2024
This two-part series examines several options for the commercial real estate loan in distress. As the second installment of this series, this article identifies and examines a more creative approach, one which right-sizes the loan and the underlying real estate and resets value for today's market.
By Barry R. Temkin | May 9, 2024
For the past eighty-five years, the securities industry has been regulated by the SEC and designated SROs under its supervision. But that system is changing.
New York Law Journal | Analysis
By Samuel Butt and John Moore | May 9, 2024
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Ann M. Donnelly denied a motion to dismiss a complaint alleging claims of forced labor and trafficking and, in a second, unrelated matter, denied a mother's petition under the Hague Convention to repatriate her child to England. Chief Judge Margo K. Brodie denied defendants' motion to dismiss the indictment against them or for an in camera review of the grand jury minutes.
New York Law Journal | Analysis
By Daniel G. Fish and Paige Dubicki | May 8, 2024
Counsel to petitioners in guardianship matters should specifically advise clients that they may be personally liable for the fees of court appointees.
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