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March 13, 2017 | New York Law Journal

Commercial Litigation

In this Special Report: "Hotel Management Agreements and Enforcement of Forum Selection Clauses," "When Pre-Arbitration Requirements Lead to Disputes Over Dispute Resolution Clauses," "Appointment of New FCC Chair Could Lead to Reduced TCPA Litigation," "'Mandatory' Arbitration of Construction Disputes Under NY's Prompt Payment Act" and "Challenges to SEC Administrative Proceedings Echo Complaints Against Arbitration."
11 minute read
March 13, 2017 | New York Law Journal

'Mandatory' Arbitration of Construction Disputes Under NY's Prompt Payment Act

Christopher A. Gorman of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf discuss a recent decision that interprets the Prompt Payment Act's requirement that a construction contract may not limit the parties' right to refer a dispute to arbitration. The decision sheds some light on the extent to which courts are willing to go to interpret the PPA in such a way as to ensure that an aggrieved contractor or subcontractor seeking payment can vindicate its rights to payment in as expeditious a manner as is possible.
19 minute read
February 27, 2017 | New York Law Journal

Eight Years On, Firms Still Fighting Ex-Comptroller Over Fees in Mayoral Bid

Bill Thompson, New York City's former comptroller and a two-time mayoral candidate, is embroiled in litigation with New York's Stroock & Stroock & Lavan and New Jersey's Genova Burns over legal fee debts from his 2009 campaign.
14 minute read
January 24, 2017 | New York Law Journal

Some Democrats Urge Changes to Judicial Screening Processes

Some Democrats in Manhattan and Brooklyn are calling for changes in the way political parties slate judicial candidates, particularly incumbents seeking re-election. The rethinking comes in the wake of battles sparked last year when two Democratic judges running for re-election said they were unfairly treated by their parties' screening panels.
11 minute read
October 13, 2016 | New York Law Journal

Reform on the Way for New York's Medical Marijuana Program?

Yulian Shtern and Elizabeth Kase, of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, take a close look at the Department of Health's August 2016 report on the progress and challenges of the state's medical marijuana program nearly two years after it was enacted into law. The report points to several successes such as 5,000 patients who have been served while recommending measures to increase physician participation, among other things.
15 minute read
September 30, 2016 | New York Law Journal

Judge Shoots Down FMLA Claim Over Driver's Termination From Law Firm

A man who was fired after serving primarily as a driver for the managing partner of New York's Abrams, Fensterman, Fendsterman, Flowers, Greenberg & Eisman did not have a valid claim under the Family Medical Leave Act, a state judge in Brooklyn ruled.
12 minute read
September 30, 2016 | New York Law Journal

More Salient Points on Judge's Ouster

The article "Judge in Legal Row With Brooklyn Democrats Kicked Off Party Ticket" does not mention several salient points relevant to the complaint against the Brooklyn party filed by Justice Laura Jacobson.
6 minute read
September 23, 2016 | New York Law Journal

Judge in Legal Row With Brooklyn Democrats Kicked Off Party Ticket

Democratic delegates in Brooklyn approved on Thursday a slate of six judicial candidates for state Supreme Court to appear on the November ballot that did not include Justice Laura Jacobson, who is locked in a legal battle with the party.
8 minute read
August 30, 2016 | New York Law Journal

Brooklyn Judge Suing Over Borough Democratic Party's Refusal to Endorse

A Brooklyn judge is suing the borough's Democratic Party and its judicial screening committee, which did not endorse her for re-election to the bench, claiming that members of the committee defamed her by leaking to the media that the committee found her unqualified for another term.
8 minute read
June 09, 2016 | New York Law Journal

'Munsey' Changed Landscape of Involuntary Psychiatric Admissions

Eric Broutman and Carolyn Wolf write that since the deprivation of liberty is a significant impingement on one's rights, the Supreme Court requires regular access to courts for involuntarily confined psychiatric patients. Until recently, if a New York hospital failed to timely apply for a statutory hearing the court would not automatically release the patient, but conduct a hearing to see if the patient was indeed mentally ill and dangerous. This all changed in a 2015 Court of Appeals decision concluding that the only appropriate remedy is the patient's immediate release.
10 minute read

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