Columns

  • New York Law Journal | Analysis

    When Sexual Harassment Is Also a Crime

    By Mark W. Lerner and Jessica T. Rosenberg | February 28, 2018

    Sexual harassment in the workplace has traditionally been a matter for civil enforcement, through actions brought by private plaintiffs or by governmental agencies such as the Equal Employment Opportunity Commission or state or city Commissions on Human Rights. But when the harassing conduct potentially violates criminal laws, employers need to consider that the matter may involve other agencies and implicate the criminal law and process.

  • New York Law Journal | Analysis

    Congregations Transferring Real Estate: When Is Court Approval Needed?

    By Barry Black and Jonathan Robert Nelson | February 28, 2018

    In their Religion Law column, Barry Black and Jonathan Robert Nelson discuss RCL §12 which provides that a religious corporation may not sell or mortgage any of its real property, or lease any of its real property for a term greater than five years, without applying for and obtaining approval of a court or the attorney general. They advise that failure to keep in mind the requirements of RCL §12 can upset a transaction, even after it has seemingly been completed.

  • New York Law Journal

    New Deduction for Pass-Through Income: Good, But Not So Simple

    By Ezra Dyckman and Charles S. Nelson | February 27, 2018

    In their Taxation column, Ezra Dyckman and Charles S. Nelson discuss P.L. 115-97, commonly known as the Tax Cuts and Jobs Act, and specifically new Section 199A, which, although very favorable to real estate investors, is very complicated and there is uncertainty regarding key questions surrounding it.

  • New York Law Journal | Analysis

    Court Declines to Extend Absolute Immunity in Claims Against Stock Exchanges

    By Martin Flumenbaum and Brad S. Karp | February 27, 2018

    In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'City of Providence, Rhode Island v. BATS Global Markets', in which the court made clear that the absolute immunity stock exchanges enjoy does not extend to activities such as selling products like proprietary data feeds and co-location services to their members.

  • New York Law Journal | Analysis

    Would a Franchise Lawyer Make a Good Franchisee?

    By Rupert M. Barkoff | February 27, 2018

    In his Franchising column, Rupert Barkoff discusses the pros and cons of whether a franchise lawyer would make a good (or bad) franchisee. On the one hand, they may "be more likely to understand the significance of a franchise agreement," but on the other, they may "be fixed in their ways and not easily convinced that the franchisor's system must be followed in order to achieve success."

  • New York Law Journal | Analysis

    Reaction and Overreaction to 'Burlington v. NYC Transit Auth.'

    By Julian D. Ehrlich | February 27, 2018

    Many insurers are applying 'Burlington' in an overly restrictive manner, thereby raising questions by insureds as to how to re-establish agreed upon risk transfer.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | February 27, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses the landlord-tenant/nuisance case 'Strata Realty Corp. v. Pena,' where the tenant had a long history of making complaints and therefore a notice to cure was not required where it would have been "a futile act," and 'Matter of Save America's Clocks Inc. v. City of New York, ' where the appellate court ruled on the proposed conversion of an interior landmark into a private residence.

  • Legaltech News | Analysis

    E-Discovery Sanctions Front Page in BuzzFeed 'Fake News' Case

    By Mike Hamilton, Exterro | February 27, 2018

    Not cooperating in e-discovery may be winning a small battle, but in the end you're doing things that may lose you the war.

  • New York Law Journal | Analysis

    Defense Subpoenas Duces Tecum for State Witnesses' Social Media Accounts and Smart Phone Data

    By Peter A. Crusco | February 26, 2018

    In his Cyber Crime column, Peter A. Crusco writes: It is no surprise that courts nationwide are more frequently wrestling with subpoena requests in litigation initiated by the defense in criminal cases for state's witnesses' relevant smart phone data and social media footprint including their posts, messages and emails in pursuit of finding impeachment material, conflicting explanation of events, false information and other grounds for further investigation to, among other reasons, challenge these witnesses' recollection and reliability. He addresses common issues raised by this litigation.

  • New York Law Journal | Analysis

    Some Clarity for Regulatory Takings

    By Jonathan Houghton | February 26, 2018

    In this Condemnation and Tax Certiorari column, Jonathan Houghton writes: The law of regulatory takings can be a difficult labyrinth for the uninitiated. However, the 'Baycrest' decision has created a clearer landscape.

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