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January 31, 2017 |

Five Common Misconceptions About The Yates Memo

Much has been written over the last sixteen months interpreting the shift in U.S. Justice Department policy placing greater emphasis on individual accountability for corporate wrongdoing in federal civil and criminal enforcement proceedings. Apparently not all of it was accurate.
11 minute read
December 27, 2016 |

Five Crucial Mistakes to Avoid During Pa. Administrative Litigation

For attorneys who routinely litigate matters adverse to federal and state government agencies, sometimes ­referred to as government and regulatory law, the trend has been easy to see. Over the last half century or so, the U.S. Supreme Court has gradually expanded the degree of deference traditionally afforded to the rules and adjudications of administrative ­agencies. This has included not only ­deference to legislative rules resting on legislatively conferred rulemaking powers, referred to as Chevron deference, but also to interpretive rules created by an agency based on its specialized role and expertise, referred to as Skidmore deference. This has even included deference to an agency's interpretation of its own regulations, referred to as Seminole deference, although this type of deference was limited somewhat by the U.S. Supreme Court in 2012. Of course, this expansive concept of deference has always included deference to an agency's factual findings and conclusions in an adjudication, akin to the deference afforded to trial courts on appeal. The Pennsylvania courts, ­battling large caseloads, have welcomed this expansion, incorporating these concepts into state law. As a result, the need to win a dispute at the administrative level—and therefore the need for counsel experienced in administrative practice and procedure—has never been greater.
12 minute read
December 14, 2016 |

NYCLA Awards

The New York County Lawyers' Association held its 102nd annual dinner Tuesday at the Waldorf Astoria, where it honored the Appellate Division, First Department, and recognized two attorneys for their achievements.
10 minute read
December 06, 2016 |

Cohen Seglias Elects New Managing Partner

Cohen Seglias Pallas Greenhall & Furman has selected a new firmwide managing partner, George Pallas.
9 minute read
November 29, 2016 |

In Brothers' Fight Over Family Business, Nobody Wins

In a fight over the family business that pits brother against brother, a federal judge told the siblings to get over their “fraternal animus” and work toward resolving the case.
6 minute read
W & W Steel, LLC, Plaintiff-Appellant v. The Port Authority of New York & New Jersey, Defendant-Respondent, 650913/13
Publication Date: 2016-08-29
Practice Area:
Industry: Construction
Court: Appellate Division, First Department
Judge: Before: Mazzarelli, J.P., Acosta, Moskowitz, Gische, Webber, JJ.
Attorneys:
For plaintiff: For appellant: Edward Seglias of counsel, Cohen Seglias Pallas Greenhall & Furman PC, New York.
For defendant: For respondent: Spencer Stiefel of counsel, DLA Piper LLP, US, New York.
Case number: 650913/13

Cite as: W&W Steel, LLC v. Port Auth. of N.Y. & N.J., 650913/13, NYLJ 1202766022099, at *1 (App. Div., 1st, Decided August 25, 2016)/p

August 25, 2016 |

Court Shuts Down Dispute Over 9/11 Museum Contract

New York's Appellate Division, First Department, found against a steel company's claim that it lost millions because of an allegedly breached contract for work on the Sept. 11 Museum.
8 minute read
August 12, 2016 |

Explaining Key Amendments to the Pa. Mechanics' Lien Law

While use of the term "groundbreaking" in a construction law article may want for originality, it is an accurate description for recent amendments to the Pennsylvania Mechanics' Lien Law. The amendments—signed into law on Oct. 14, 2014—will change the way liens are obtained. The law is set to go into effect in 2017, provided a state-operated website is operational by the end of this year.
14 minute read
August 02, 2016 |

'Pioneer' Bonavitacola Remembered, Mourned

Former Philadelphia Judge Alex Bonavitacola, who held the powerful posts of both administrative judge and president judge at different times and died of heart failure at 85 on July 29, was hailed by colleagues as a "pioneer" who helped change the court system from one plagued by backlogs to one seen as a model of efficiency.
10 minute read
July 25, 2016 |

The Duhig Rule—Interpretation of Mineral Interest Reservations

What happens when a deed is unclear and the parties to a transaction involving oil and gas interests are long deceased? How do the heirs to the parties involved resolve their disputes? This is a relevant issue courts and practitioners in Pennsylvania have faced for a long time. A recent Pennsylvania Supreme Court decision, Shedden v. Anadarko E&P, No. 103 MAP 2014, A.3d (Pa. 2016), applied the doctrine of estoppel by deed to an oil and gas lease, precluding the lessors from denying that the lease at issue covered the lessors' after-acquired interest in the oil and gas rights. Estoppel by deed may be further extended to resolve these thorny disputes.
14 minute read

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