Columns

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | January 23, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Free People of PA LLC v. Delshah 60 Ninth LLC,” a commercial landlord-tenant case stemming from a landlord delivering premises approximately one year late.. Neither side was a prevailing party.

  • New York Law Journal

    Landmarks Preservation Law Given Broad Reading by Divided Court

    By Anthony S. Guardino | January 23, 2018

    In his Zoning and Land Use Planning column, Anthony Guardino discusses "Matter of Save America's Clocks v. City of New York," where the Appellate Division, First Department issued a significant decision involving the proposed conversion of an interior landmark into a private residence.

  • New York Law Journal | Analysis

    Sexual Harassment in the Health Care Workplace

    By Francis J. Serbaroli | January 22, 2018

    In his Health Law column, Francis J. Serbaroli discusses the long and unfortunate history of sexual harassment in the health care workplace. Given the recent spate of high-profile career-ending sexual harassment charges, he urges all health care employers to have comprehensive policies and procedures for handling complaints, to educate everyone in the organization about sexual harassment, and to promote a culture of respect for all employees.

  • New York Law Journal | Analysis

    Artificial Intelligence and Post-Conviction Lawyering

    By Ken Strutin | January 22, 2018

    In his Criminal Law column, Ken Strutin writes: Artificial intelligence and information networks are the toolbox of contemporary legal practice, but not for all. Fettered in paper prisons, pro se inmates are without counsel, computers or connectivity.

  • New York Law Journal | Analysis

    Riding Into Litigation: An Overview of Skateboard and Hover Board Liability

    By Robert D. Lang and Rachel Nudel | January 22, 2018

    Robert D. Lang and Rachel Nudel write: Whether skateboard, electric hover board, or hybrid electric skateboard, the use of these small personal vehicles presents a range of legal issues for the general public, operators and practitioners.

  • New York Law Journal | Analysis

    FCPA Remedies: Where Do We Stand?

    By Philip C. Patterson and Vera M. Kachnowski | January 19, 2018

    International Criminal Law and Enforcement columnists Philip Patterson and Vera Kachnowski write: The end of 2017 marked both the 40th anniversary of the FCPA and a $965 million FCPA settlement with Swedish telecommunications company, Telia Company AB. As we begin the new year, FCPA watchers will be closely monitoring how remedies such as this evolve under both SEC and DOJ authority, in light of other 2017 developments.

  • New York Law Journal | Analysis

    'McCoy v. Louisiana': Whose Case Is It Anyway?

    By Steven Zeidman | January 19, 2018

    Steven Zeidman writes: In 'McCoy', the Supreme Court must decide whether it is unconstitutional for defense counsel to concede a client's guilt over his express objection.

  • New York Law Journal | Analysis

    Fair Use of a Rap on Jazz

    By Robert W. Clarida and Robert J. Bernstein | January 18, 2018

    Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: Although not providing guidance on fair use of musical quotations by or from jazz musicians, the decision in 'Estate of Smith v. Cash Money Records' is of interest for both its treatment of Drake's lengthy re-contextualization of Smith's commentary and its relatively rare, even if tangential, application to a jazz recording.

  • New York Law Journal | Analysis

    Juror Bias, Family Court Act Hearings, Fifth Amendment Takings, and More

    By Leo Milonas and Andrew C. Smith | January 18, 2018

    In their Appellate Division Review, Leo Milonas and Andrew C. Smith write: As we begin 2018, we look back on some of the highlights from the final quarter of 2017 below.

  • New York Law Journal | Analysis

    Las Vegas Massacre: Is the Hotel Liable?

    By Thomas A. Dickerson | January 18, 2018

    Thomas A. Dickerson writes: The liability of the Mandalay Bay Resort & Casino for the tragic events in Las Vegas will certainly depend upon the facts that are developed through discovery. However, the uniqueness of Paddock's reign of terror combined with no prior instances of similar misconduct may also have some impact upon the issue of liability.

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