New York Law Journal | Analysis
By Michael J. Hutter | December 6, 2017
Proving a witness' bad character for truthfulness is a basic impeaching strategy. Evidence columnist Michael J. Hutter discusses one impeachment method: use of a character witness who testifies that the witness has a bad reputation for truthfulness.
New York Law Journal | Analysis
By Carlos J. Cuevas | December 6, 2017
Carlos J. Cuevas explores the use of the federal and state constructive fraudulent conveyance laws to avoid a pre-petition private school tuition payment by a Chapter 7 debtor for a dependent child.
New York Law Journal | Analysis
By Shmuel Vasser | December 6, 2017
Shmuel Vasser writes: The question of what defines a dysfunctional market, one that justifies the application of the DCF method, remains unanswered, leaving investors with continued uncertainty in the valuation of repo collateral in bankruptcy cases. Unless and until courts provide meaningful guidance, the resolution would remain speculative.
New York Law Journal | Analysis
By Peter M. Fass | December 5, 2017
In this Real Estate Securities column, Peter M. Fass discusses discusses considerations for existing or new partnership agreements under the new partnership level audit rules, which are effective for tax years beginning after Dec. 31, 2017.
New York Law Journal | Analysis
By Jeffrey S. Klein and Nicholas J. Pappas | December 5, 2017
Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas write: As employees' work authorizations begin to expire, employers would be well served by confirming that their policies are in full compliance in regard to verification of their employees' work authorizations.
New York Law Journal | Analysis
By H. Christopher Boehning & Daniel J. Toal | December 5, 2017
Federal E-Discovery columnists H. Christopher Boehning & Daniel J. Toal write: The Supreme Court's eventual decision in this matter could have a significant impact on how U.S. companies, not just Microsoft, conduct business in this modern age.
New York Law Journal | Analysis
By Christopher Dunn | December 5, 2017
Civil Rights and Civil Liberties columnist Christopher Dunn writes: Given the common practice of uniformed police officers flooding courtrooms during the criminal trials of fellow officers and the fact that spectator officers undoubtedly appear in uniform for the express goal of influencing juries and judges, it is important to consider whether this display violates a defendant's right to a fair trial.
New York Law Journal | Analysis
By Thomas M. O'Brien | December 5, 2017
Thomas M. O'Brien writes: Allowing the "off-calendar" maneuver can prolong the "course of a defendant's prosecution" to be a matter of years, rather than the months the legislature intended in enacting CPL §30.30.
New York Law Journal | Analysis
By Scott E. Mollen | December 5, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Divya Dham Sevashram Sangha v. Gita Temple-Ashram,” a case of interest since so many religious institutions have elected to sell their properties because they cannot afford to operate, repair and maintain them and these organizations often need the sale proceeds in order to continue and expand their religious mission.
New York Law Journal | Analysis
By Warren A. Estis and Michael E. Feinstein | December 5, 2017
In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the case 'Habibian v. Sudman's Service & Diagnostics,' out of Nassau County where the court was presented with the novel question; When title to the subject property is held in a trade or assumed name that is not itself a legal entity, who, if anyone, may bring a summary proceeding?
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