Columns

  • New York Law Journal | Analysis

    Jury Duty: A View From the Box

    By Steven Andersen | October 20, 2017

    In this Law Firm Management column, Steven Andersen shares observations from his recent jury service, providing a perspective to litigators on what goes on in the jury room, even if the stakes of the case are low.

  • New York Law Journal | Analysis

    Defenses of Impossibility of Performance and Frustration of Purpose

    By Thomas J. Hall | October 19, 2017

    In his Commercial Division Update, Thomas J. Hall writes: The narrowness of the doctrines of impossibility and frustration of purpose—and their questionable utility for litigators—underscores the importance of striving during the contract drafting process to include contingency clauses providing for foreseeable possibilities and language making clear the contract's purpose.

  • New York Law Journal | Analysis

    SCOTUS to Tackle Interaction of FAA, NLRA on Arbitration Agreement Issue

    By Samuel Estreicher and Holly H. Weiss | October 19, 2017

    In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss cases recently argued before the U.S. Supreme Court that, at their core, concern how two federal statutes—the FAA and the NLRA—interact and raise the basic question of whether the NLRB has authority to regulate arbitration agreements in the nonunion sector.

  • New York Law Journal | Analysis

    Women Partners: To What Extent Do Management Roles Enhance Your Practice?

    By Patty Morrissy | October 19, 2017

    Will that role as the female hiring partner drain your practice development?

  • New York Law Journal | Analysis

    Preparing Witness Statements in International Arbitration

    By John Fellas | October 18, 2017

    In his International Arbitration column, John Fellas discusses how to avoid submitting a witness statement that is a time-bomb—a statement that apparently strongly supports your client's case at the time it is submitted, but that, months later at the hearings, blows up in the witness's face the minute she is cross-examined about it.

  • New York Law Journal | Analysis

    Loss Causation in Securities Fraud Cases

    By David B. Saxe and Danielle C. Lesser | October 18, 2017

    David B. Saxe and Danielle C. Lesser discuss the First Department's review of Commercial Division cases, specifically cases addressing the issue of loss causation in the securities fraud context.

  • New York Law Journal | Analysis

    Developments Regarding Micro-Captive Insurance Structures

    By Elliot Pisem and David E. Kahen | October 18, 2017

    In their Taxation column, Elliot Pisem and David E. Kahen write: 'Avrahami' was at least arguably an extreme case in several respects, but seems likely to encourage the IRS to pursue tax adjustments with respect to transaction structures involving micro-captives.

  • New York Law Journal | Analysis

    New Criminal Justice Legislation: Part Two

    By Barry Kamins | October 18, 2017

    In his Criminal Law and Procedure column, Barry Kamins picks up with the second part of his review of new criminal justice legislation.

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | October 17, 2017

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Hahn v. Hagar” where the court held that development rights are considered 'real property' under RPAPL §1602; but that the plaintiffs failed to establish their entitlement to relief pursuant to that statute, and “Bodenstab v. Saint-Gobain Performance Plastics Corp,” which involved 16 consolidated cases arising from the contamination of groundwater.

  • New York Law Journal | Analysis

    New Rules Governing Financial Performance Representations

    By David J. Kaufmann | October 17, 2017

    In his Franchising column, David J. Kaufmann writes: The requirements, restrictions, prohibitions and clarifications introduced by the 2017 NASAA FPR Commentary are truly significant, the most extensive overhaul of the rules governing financial performance representations since 1993.

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