New York Law Journal | Expert Opinion
By Alan Feigenbaum | August 21, 2024
Alan Feigenbaum, partner at Blank Rome, discusses the need to expand our views of domestic violence beyond physical violence, including the use of language in communications, be it by email, text message, or, as in the recent case L.W. v. J.U., communications via an app.
By Todd E. Soloway, Bryan T. Mohler and Itai Y. Raz | August 20, 2024
Authors Todd Soloway, Bryan Mohler and Itai Raz offer an overview of the draft "Safe Hotels Act," and consider potential legal challenges to the bill if it is passed into law.
By Scott Mollen | August 20, 2024
Scott Mollen discusses "New York University v. City of New York," and "724 Management LLC v. Santander Bank."
By Stephen Ferszt | August 20, 2024
Failing to update beneficiary and estate tax forms can lead to legal battles. Adhering to the procedures set forth for designating or changing beneficiaries is not just a formality, but an essential step in ensuring that your assets are distributed according to your wishes. Stephen Ferszt, a partner at Olshan Frome Wolosky discusses the regulatory landscape and provides guidance about planning in light of upcoming tax law changes and legal recourse.
New York Law Journal | Expert Opinion
By Hon. Sondra M. Miller (dec.), Andrea B. Friedman and Emily C. Prudente | August 19, 2024
An overview of the disposition of frozen embryos created through the IVF process upon termination of the prospective parents' relationship. The article offers a legal analysis under the framework of New York law and presents a brief summarization of judicial approaches utilized throughout the nation that New York's courts may turn to when faced with the issue in the absence of a contract governing the disposition of frozen embryos. The authors conclude with recommendations to assist practitioners in handling matters in this burgeoning area of law, and one which involves a question of first impression in the state of New York.
By Claudia Rast and Roland Trope | August 19, 2024
Claudia Rast and Roland Trope discuss FBI procedures for recovering payments made to ransomware attackers. The authors "draw from years of in-the-trenches cyber counseling and knowledge of the general mayhem and chaos that a cyber-attack can wreck on an organization, its personnel, and its customers or clients."
By Robert S. Whitbeck and Andrea M. Alonso | August 16, 2024
While often involving negligent actors, liability under the Dram Shop Act can extend to intentional, and even criminal, acts. The most critical factor in establishing Dram Shop liability in these instances is establishing a reasonable or practical causal connection between the act and the intoxication.
By Mayling Blanco, Katey Fardelmann, Sarah Perlin and Andrey Spektor | August 15, 2024
In fraud and corruption cases, the Supreme Court and the US government are marching in opposite directions. The DOJ continues to embrace new tools from Congress and the White House—including a newly-passed anti-corruption law—while the Supreme Court has increasingly cut back on the DOJ's broad theories of prosecution. This article examines the implications from the Court's latest opinion, Snyder v. United States, which, if applied to other bribery statutes, could severely limit the DOJ's view that gifts to government officials are no different than bribes.
By Shira A. Scheindlin | August 14, 2024
Judge Shira Scheindlin uses the recent case 'Wallrich v. Samsung' to illustrate the significant financial issues surrounding arbitration fees for mass claims.
By Gregory R. Bruno and Alfred W.J. Marks | August 14, 2024
The authors discuss the elements and application of the "Dead Man's Statute" and offer practical guidance for practitioners to effectively employ the statute, as well as suggestions for potential applications that might not be directly apparent from the text of the statute but give effect to its underlying purpose.
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