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Features

Despite SCOTUS Ruling, Aggravated Identity Theft Statute Ripe for Overreach Image

Despite SCOTUS Ruling, Aggravated Identity Theft Statute Ripe for Overreach

Andrew Mancilla & Robert Fantone

Despite a Supreme Court ruling aimed to curb the prosecutorial overreach of the Aggravated Identity Theft Statute by narrowing its interpretation, the statute remains inherently vague, perpetuating unjust outcomes. Without legislative amendment or more definitive judicial guidance, the statute will continue to serve as a tool for prosecutorial overreach.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Limited Warranty Establishes Defense to Consequential Damages Claim Against Sponsor

Features

Federal Judge Allows Public Nuisance Claims Against Social Media Sites to Go Forward Image

Federal Judge Allows Public Nuisance Claims Against Social Media Sites to Go Forward

Amanda Bronstad

Social media took another hit Nov. 15 after a federal judge allowed most of the public nuisance claims brought by school districts in the addiction cases to move forward.

Features

Mortgage Can Be Modified By Ch. 11 Plan, Even If Debtor Is Not Indebted, But Cram-Down Limited Image

Mortgage Can Be Modified By Ch. 11 Plan, Even If Debtor Is Not Indebted, But Cram-Down Limited

Andrew C. Kassner & Joseph N. Argentina Jr.

Today we review a situation where a 50% interest in mortgaged commercial real estate was transferred without the consent of the lender, and the new tenant-in-common owner subsequently filed a Chapter 11 case and attempted to modify the payment terms of the mortgage loan to which he is not a party.

Features

Conquering Holiday Stress Image

Conquering Holiday Stress

Dr. Marsha D. Brown

Attorneys are often expected to manage not only their own emotions surrounding this time of year, but those of others as well. While many people delight in gatherings and celebrations, those within the legal realm must navigate a unique set of challenges, including heavy caseloads, demanding clients and personal holiday commitments. Between stress at work and responsibilities at home, this can seem daunting and, at times, outright overwhelming. To help navigate this season, here are six tips to help conquer holiday stress.

Features

An NDA Is Not a ‘Magic Talisman’ for Trade Secret Protection Image

An NDA Is Not a ‘Magic Talisman’ for Trade Secret Protection

Stephen M. Kramarsky

An NDA can cover information that would not qualify as a trade secret under state or federal law, and it can provide limited contractual protection to that information. But it is not a “magic talisman” for the protection of intellectual property, and it cannot create trade secret protection where it would not otherwise exist.

Features

The Increase in Artificial Intelligence-Related Securities Class Actions Image

The Increase in Artificial Intelligence-Related Securities Class Actions

Jay Dubow & Joanna Cline & Milica “Millie” Krnjaja

While the full scope of AI-related legal risks is still developing, both the SEC and FTC have revealed the kinds of AI-related corporate behaviors they consider problematic. The problematic corporate behavior the agencies emphasized the most is “AI Washing” — the practice of making unfounded claims about AI capabilities.

Features

Defining ‘Alter Ego’ and Its Application to Determine Corporate Taxability Image

Defining ‘Alter Ego’ and Its Application to Determine Corporate Taxability

Jeffrey A. Galant

Creditors of corporate entities will, at various times, pursue the controlling shareholders to satisfy an undercapitalized corporation’s indebtedness. Following along these lines, when it comes to income taxation, it is always important to be able to identify the proper taxpayer. Alter ego concepts may aid in any such determination, i.e., determining whether a corporation that presumably realizes the income should be taxed, or whether the controlling shareholder realized the income and, therefore, should bear the tax liability.

Features

The Risks of Office-to-Residential Conversions Image

The Risks of Office-to-Residential Conversions

Peter E. Fisch & Salvatore Gogliormella

Office-to-residential conversions present significant challenges to owners and developers that arise from the interrelationship among the regulatory regime, the legal restrictions and requirements of the site and the physical requirements of conversion; the resulting incremental cost of conversions mean that many potential conversions just do not pencil out.

Columns & Departments

Players On the Move Image

Players On the Move

Entertainment Law & Finance Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

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