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New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | March 8, 2018
Eastern District Roundup columnists Harvey M. Stone and Richard H. Dolan discuss a decision to suppress defendant's statement to law enforcement made before any 'Miranda' warnings; a decision dealing with issues relating to punitive damages under the Americans With Disabilities Act; and a decision declining to resolve claims of proposed intervenors seeking restitution in a criminal case.
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | March 8, 2018
Environmental Law columnists Michael B. Gerrard and Edward McTiernan write: Under Barack Obama, climate litigation was mostly industry and red states seeking to block regulations. And now under Donald Trump, it is largely about environmental groups and blue states trying to preserve the rules adopted under President Obama, and to seek novel remedies to get around federal hostility to action on climate change.
New York Law Journal | Analysis
By David E. Gottlieb and Hilary J. Orzick | March 8, 2018
To provide even further confidentiality protection, sometimes a settling party will ask that the complainant's counsel be bound to a confidentiality agreement as well. This raises an important issue: Under the ethical rules, can a claimant's counsel agree to hold information regarding a publicly filed litigation as confidential?
New York Law Journal | Analysis
By Ellen Brickman | March 7, 2018
Trying a white-collar case carries unique challenges, and they begin with selecting a jury. Even now, almost a decade after the financial crisis that affected so much of the American population, many jurors view financial institutions and those who work at them with a certain degree of anger and suspicion.
By Scott E. Mollen | March 6, 2018
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses three landlord-tenant cases: 'Klaynberg v. Dibrienza,' Second Lenox Terr. Assn v. Washington,' and 'Feldheim v. Stuckey.'
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | March 6, 2018
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: A fundamental tenet of appellate practice is that the rights of the litigants are to be determined solely on the basis of materials contained between the covers of the record on appeal. With some rare exceptions discussed below, it is a serious breach of appellate decorum to refer to matters outside the record.
By Eva Talel | March 6, 2018
Cooperatives and Condominiums columnist Eva Talel writes: The New York City Council had a very ambitious legislative agenda in 2017, and the New York State Legislature weighed in as well. This column highlights several important laws enacted in 2017 which impact co-ops and/or condominiums, and the steps that boards and managers should take in order to comply with the same.
New York Law Journal | Analysis
By Renee R. Roth and William P. LaPiana | March 6, 2018
Is an e-will, which exists only in a computer file, just a manifestation of another technological advance than can be accommodated by our statute of wills, or does it really test the boundaries of the law?
New York Law Journal | Analysis
By Renee R. Roth and William P. LaPiana | March 6, 2018
Is an e-will, which exists only in a computer file, just a manifestation of another technological advance than can be accommodated by our statute of wills, or does it really test the boundaries of the law?
By Warren A. Estis and Jeffrey Turkel | March 6, 2018
In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss the rights of owners and non-corporeal tenants under the RSL.
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