New York Law Journal - Columns

Marketplace

web-editor@nylj.com (Monica Paquette) — Wed, 19 Jun 2013 00:00:00 EDT

Seven-lawyer Novack Burnbaum Crystal will be moving its Manhattan offices, increasing its space by more than 1,200 square feet. Also, the Corporation for Supportive Housing has signed a 10-year lease...

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Suppose We Depose: Settling Disputed Custody Cases

web-editor@nylj.com (Robert Z. Dobrish) — Wed, 19 Jun 2013 00:00:00 EDT

Robert Z. Dobrish, a member of Dobrish Michaels Gross, writes that the written report of the neutral forensic mental health professional is probably the single most significant document in a custody...

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Protection of Adjoining Buildings During Construction

web-editor@nylj.com (Kenneth M. Block) — Wed, 19 Jun 2013 00:00:00 EDT

In his Construction Law column, Kenneth M. Block, a member of Tannenbaum Helpern Syracuse & Hirschtritt, writes that protective measures require access to adjoining property and recalcitrant...

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Murder Conviction Overturned, Prenuptial Agreement Found Invalid

web-editor@nylj.com (Roy L. Reardon and William T. Russell Jr.) — Wed, 19 Jun 2013 00:00:00 EDT

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., partners at Simpson Thacher & Bartlett, address a case construing the effect of a lengthy coercive police...

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Realty Law Digest

web-editor@nylj.com (Scott E. Mollen) — Wed, 19 Jun 2013 00:00:00 EDT

Scott E. Mollen, a partner at Herrick, Feinstein, analyzes recent decisions including rulings from the state's high court on an eviction from public housing and a town's attempt to block a check...

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Non-Lawyer Legal Malpractice?

Tue, 18 Jun 2013 10:58:59 EDT

In an age where many, many trained lawyers (especially young practitioners) are still looking for work months and years after graduation, allowing non-licensed, untrained advocates into the practice...

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Does Liquified Natural Gas Have a Future in New York?

web-editor@nylj.com (Thomas J. Kelly and George C.D. Duke) — Tue, 18 Jun 2013 00:00:00 EDT

Thomas J. Kelly, New York managing partner of Gilberti Stinziano Heintz & Smith, and George C.D. Duke, a senior associate at the firm, write that a proposed amendment would allow for new LNG...

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The Outer Edge of Edge Act Jurisdiction

web-editor@nylj.com (Edward M. Spiro and Judith L. Mogul) — Tue, 18 Jun 2013 00:00:00 EDT

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul, principals of Morvillo Abramowitz Grand Iason & Anello, discuss Southern District Judge Jed Rakoff's...

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When Judges 'Friend' Lawyers: Must Recusal Necessarily Follow?

web-editor@nylj.com (Shari Claire Lewis) — Tue, 18 Jun 2013 00:00:00 EDT

In her Internet Issues/Social Media column, Shari Claire Lewis, a partner at Rivkin Radler, writes that the bottom line would appear to be that as people become more and more comfortable with social...

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Tocqueville in Reverse: Looking to Europe in Reassessing U.S. Prisons

web-editor@nylj.com (Alan Vinegrad and Jason Levine) — Tue, 18 Jun 2013 00:00:00 EDT

In their Sentencing Guidelines column, Alan Vinegrad, former U.S. Attorney for the Eastern District of New York and a partner at Covington & Burling. and Jason Levine, an associate at the firm,...

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New Tax Landscape for Trusts

web-editor@nylj.com (Sidney Kess) — Mon, 17 Jun 2013 00:00:00 EDT

In his Tax Tips column, Sidney Kess, CPA-attorney and of counsel at Kostelanetz & Fink, writes that due to new law changes effective in 2013, several of the tax rules for trusts have changed.

Editor's Note

Mon, 17 Jun 2013 00:00:00 EDT

A shift in methodology this year resulted in new firms being added to the NYLJ 100 while some slipped off.

Our Methodology

Mon, 17 Jun 2013 00:00:00 EDT

The NYLJ 100 ranks the 100 largest firms by number of lawyers in the state of New York. Every private law office in the state is considered, irrespective of where the firm is headquartered or whether...

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NYLJ 100: Regional Firm Growth Outpaces Larger Firms in 2012

web-editor@nylj.com (Christine Simmons) — Mon, 17 Jun 2013 00:00:00 EDT

The size of the state's largest law firms has remained steady over the last year, while growth in several regional firms has been significant, according to an analysis of the number of attorneys in...

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U.S. Supreme Court Issues Incomplete Clarification on Class Arbitration

web-editor@nylj.com (Michael Hoenig) — Mon, 17 Jun 2013 00:00:00 EDT

In his Complex Litigation column, Michael Hoenig, a member of Herzfeld & Rubin, writes that on June 10, the U.S. Supreme Court issued its much-awaited decision in 'Oxford Health Plans v. Sutter,'...

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Recent Partnership Determination on Tax Liability of Non-Resident

web-editor@nylj.com (Joseph Lipari) — Fri, 14 Jun 2013 00:00:00 EDT

In his Tax Appeals Tribunal column, Joseph Lipari, a partner at Roberts & Holland, writes that a recent determination by an administrative law judge demonstrates how the New York Personal Income...

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Let's Talk: Cooperation With Opposing Counsel Can Contain Discovery Costs

web-editor@nylj.com (Bruce R. Kaliner and Erica J. Dominitz) — Fri, 14 Jun 2013 00:00:00 EDT

Bruce R. Kaliner, a partner at Mound Cotton Wollan & Greengrass, and Erica J. Dominitz, a partner at Kilpatrick Townsend & Stockton, write: Now that we and, more importantly, our clients,...

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Sealing and Privilege Cases Address Protecting and Disclosing Information

web-editor@nylj.com (Harvey M. Stone and Richard H. Dolan) — Fri, 14 Jun 2013 00:00:00 EDT

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent rulings, including Judge Jack B. Weinstein ordering the unsealing of...

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Deposing the Defendant Attorney in a Legal Malpractice Case

web-editor@nylj.com (Andrew Lavoott Bluestone) — Thu, 13 Jun 2013 00:00:00 EDT

Andrew Lavoott Bluestone, an attorney specializing in legal malpractice litigation, writes that all too often, attorney defendants are directed not to answer "expert" questions put to them. This is...

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Benefits of Early Discovery in Defending Trade Secret Misappropriation Claims

Thu, 13 Jun 2013 00:00:00 EDT

In their Trade Secrets column, Brent J. Gurney, Joshua T. Ferrentino and Alexander B. White of Wilmer Cutler Pickering Hale and Dorr write: Extensive case law allows defendants to seek a protective...

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Providers' Prima Facie Burden, Peer Review Testimony, 'Phantom' Services

web-editor@nylj.com (David M. Barshay) — Thu, 13 Jun 2013 00:00:00 EDT

In his No-Fault Insurance Wrap-Up, David M. Barshay, a member of Baker Sanders, writes that while there was a time when a plaintiff provider in a no-fault case was required to establish standing as...

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Litigating the Effect of 'Comcast v. Behrend'

web-editor@nylj.com (Joseph M. McLaughlin) — Thu, 13 Jun 2013 00:00:00 EDT

In his Corporate Litigation column, Joseph M. McLaughlin, a partner at Simpson Thacher & Bartlett, writes that underlying the recent high court holding is a broader recognition that the issue of...

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New Deals

web-editor@nylj.com (Brian Baxter) — Thu, 13 Jun 2013 00:00:00 EDT

Debevoise, Fried Frank, and Gibson Dunn are advising on an all-stock merger between Media General and New Young Broadcasting that will create a television broadcast company with 30 stations in 27...

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Realty Law Digest

web-editor@nylj.com (Scott E. Mollen) — Wed, 12 Jun 2013 00:00:00 EDT

Scott E. Mollen, a partner at Herrick, Feinstein, analyzes recent case law, including a decision where a landlord won dismissal of harassment claims by a tenant and then pursued recovery of attorney...

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Marketplace

web-editor@nylj.com (Monica Paquette) — Wed, 12 Jun 2013 00:00:00 EDT

St. John's University has agreed to sell 101 Murray St., close to Battery Park City and Tribeca, to Fisher Brothers and The Witkoff Group for $223 million. The site will be redeveloped into a luxury...

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No Help for Jilted Sellers as Court Sticks With Precedent

web-editor@nylj.com (Adam Leitman Bailey and John M. Desiderio) — Wed, 12 Jun 2013 00:00:00 EDT

In their Real Estate Contracts column, Adam Leitman Bailey, founding partner of Adam Leitman Bailey, P.C., and John M. Desiderio of the firm question the basis for a recent Court of Appeals ruling...

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Second Circuit Addresses Standards for Officer and Director Bar Orders

web-editor@nylj.com (Sarah S. Gold and Richard L. Spinogatti) — Wed, 12 Jun 2013 00:00:00 EDT

In their Corporate Securities Law column, Sarah S. Gold, a partner at at Proskauer Rose, and Richard L. Spinogatti, a senior counsel at the firm, write that the SEC attempted, unsuccessfully, to have...

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Jailbroken: Future of Interoperability Exemptions Under the DMCA

web-editor@nylj.com (Michael S. Elkin and Thomas P. Lane) — Wed, 12 Jun 2013 00:00:00 EDT

Michael S. Elkin and Thomas P. Lane, partners at Winston & Strawn, write the DMCA empowered the Librarian of Congress, upon the recommendation of the Register of Copyrights to grant limited,...

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