Columns

  • New York Law Journal | Analysis

    Closing Bell: Three Year-End Decisions From the Surrogate's Courts

    By Ilene Sherwyn Cooper | February 5, 2018

    Trusts and Estates columnists Ilene Sherwyn Cooper writes: As the year 2017 came to a close, Surrogate's Courts throughout the state continued to address a multitude of issues affecting trusts and estates.

  • New York Law Journal | Analysis

    A Discovery Rule for Cancer Cases

    By Thomas A. Moore and Matthew Gaier | February 5, 2018

    Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: Effective Jan. 31, 2018, New York has adopted a discovery rule applicable to medical malpractice actions stemming from failures to timely diagnose cancer or a malignant tumor.

  • New York Law Journal | Analysis

    'Because': The Most Important Word in Discrimination Claims

    By Jeffrey D. Pollack | February 5, 2018

    It is not unlawful to take action against someone who is a member of a protected class, but it is unlawful to do so because of membership in that class. The difference is crucial.

  • New York Law Journal | Analysis

    DiFiore Court Strives to Protect Rights of Defendants

    By Barry Kamins | February 2, 2018

    Criminal Law and Procedure columnist Barry Kamins writes: Several recent decisions clearly signal the DiFiore court's continuing commitment to protecting defendants from wrongful convictions and protecting constitutional rights in criminal cases.

  • New York Law Journal | Analysis

    Original Band Members Retain 'The Commodores' Name

    By Michael I. Rudell and Neil J. Rosini | February 2, 2018

    Entertainment Law columnists Michael I. Rudell and Neil J. Rosini write: When a band name retains its value notwithstanding changes in band personnel, a recurring legal question arises: Who among the band members retains the right to continue performing under the name of the original band?

  • New York Law Journal | Analysis

    Cybersecurity for Law Firms: Recent Developments

    By Barry Temkin and Atea Martin | February 2, 2018

    While abundant publicity has accompanied spectacular data breaches at Equifax and Yahoo, less attention has been paid to cybersecurity at law firms. This, however, is changing, as cybersecurity events, including hacking, are on the rise at law firms.

  • New York Law Journal | Analysis

    Intern or Employee? The New Federal Test

    By David E. Schwartz and Risa M. Salins | February 1, 2018

    Labor Relations columnists David E. Schwartz and Risa M. Salins write: On Jan. 5, 2018, the DOL announced it would replace its six-part test for determining when an intern is entitled to minimum wages and overtime pay as an employee under the Fair Labor Standards Act. The DOL's new test allows courts to examine the economic realities of the intern-employer relationship to determine which party is the “primary beneficiary” of the relationship.

  • New York Law Journal | Analysis

    Two Rulings Regarding Ramps

    By Brian J. Shoot and Susan M. Jaffe | February 1, 2018

    In this Construction Accident Litigation column, Brian J. Shoot and Susan M. Jaffe write: The Court of Appeals is frequently called upon to make rulings concerning the scope and application of Labor Law §240, the so-called scaffold statute. It sometimes explains the grounds for its determinations in great detail. This column concerns a recent case in which the court went in, well, a different direction.

  • New York Law Journal | Analysis

    'Microsoft v. United States': Territoriality in the Age of the Cloud

    By Sarah Coyne | February 1, 2018

    Later this month, the U.S. Supreme Court will hear oral argument regarding the Second Circuit's decision in 'United States v. Microsoft', a controversial ruling that highlights the tension between the present-day reality of electronic data that moves rapidly and readily across the globe, and traditional views of evidence as residing within specific national borders.

  • New York Law Journal | Analysis

    Credit Agreements, the New Tax Act and the Deemed Dividend

    By Barbara M. Goodstein | January 31, 2018

    Secured Transactions columnist Barbara M. Goodstein writes: I'm happy that tax issues usually don't play a major role in most plain vanilla syndicated secured lending facilities. One area, however, that we finance lawyers have had to contend with, even in plain vanilla syndicated loan facilities, is §956 of the Internal Revenue Code.

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