Columns

  • New York Law Journal

    The Art of Drafting Enforceable Prenups

    By Alyssa Rower | July 24, 2024

    Even though it is very difficult to set aside a New York prenup, it is not impossible.

  • New York Law Journal | Analysis

    The Perils of the Nonexistent Arbitral Institution

    By Lawrence W. Newman and David Zaslowsky | July 24, 2024

    The impetus for this column was the recent decision in 'Spineway SA v. Strategos Group', in which parties acknowledged that they had agreed to arbitrate their dispute, but disagreed about the arbitral institution and corresponding rules.

  • New York Law Journal

    Alleged Racial Discrimination; Succession Defense: This Week in Scott Mollen's Realty Law Digest

    By Scott Mollen | July 23, 2024

    Scott Mollen discusses "Elango Medical PLLC v. Trump Palace Condo," where the court dismissed claims by a doctor alleging she was barred from renting in Trump building because of her race, and "Owl Creek Properties, LLC v. Timmons," where the respondent established a succession defense and the court dismissed the holdover proceeding.

  • New York Law Journal | Expert Opinion

    Thorny Zoning Questions Posed by EV Charging Stations

    By Anthony S. Guardino | July 23, 2024

    Given the growing popularity of EVs, property owners, municipalities and developers need to be aware of zoning ordinances relating to EV charging stations.

  • New York Law Journal | Analysis

    Redesigning Obviousness: Federal Circuit's New Test for Obviousness in Design Patents

    By Rob Maier | July 23, 2024

    In May, the Federal Circuit issued its decision in 'LKQ v. GM Global Technology Operations', which marks a significant shift away from the prior and more rigid 'Rosen-Durling test', toward a more flexible framework for determining whether a patented design is obvious.

  • New York Law Journal

    Defending Police Officers in Wrongful Conviction Cases

    By Kenneth E. Pitcoff and Frank H. Foster | July 23, 2024

    As there has been a substantial increase in civil litigation concerning wrongful convictions, police officers and municipalities face potential liability for their involvement in the arrest and criminal prosecution of the wrongly accused. While wrongful conviction cases are incredibly nuanced, these cases are still highly defensible and there are a multitude of ways that police officers and municipalities can be defended against such claims.

  • New York Law Journal | Analysis

    When Blockchain Analytics Meet the 'Daubert' Test

    By Robert A. Schwinger | July 22, 2024

    Even under the 2023 amendment to Rule 702 that attempts to curtail some courts' overly permissive approaches to 'Daubert', recent rulings show that expert blockchain analysis can indeed satisfy the gatekeeping threshold for admissibility in litigation.

  • New York Law Journal | Analysis

    Tips on How To Do a Structured Settlement

    By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | July 22, 2024

    Often, when larger personal injury or wrongful death cases are resolved, the plaintiff's counsel will be asked "Would your client be interested in a structured settlement?" The purpose of this article is to assist counsel in understanding structured settlements and how to avoid certain pitfalls.

  • New York Law Journal

    Medical Malpractice Contingency Fee Schedule Needs Amendment

    By Alan W. Clark | July 19, 2024

    Judiciary Law section 474-a, as amended effective July 1, 1985 sets forth a contingency fee schedule and provision for application for increased fee in extraordinary circumstances. In practice, the fee schedule creates inherent conflict, is unfair and deprives many victims of malpractice the opportunity to hire competent counsel. Applications for enhanced fees are rarely granted. The proposed Amendment set forth in NYAB 7448 provides much needed changes to the Statute.

  • New York Law Journal | Analysis

    A Bouquet of Recent Ethics Opinions

    By Anthony E. Davis and Janis M. Meyer | July 19, 2024

    The New York State Bar Association Committee on Professional Ethics, which provides a valuable service to New York lawyers (and clients) by giving guidance to practitioners on ethical issues, has issued a number of ethics opinions in the past six months, a few of which are discussed in this article.

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