Bankruptcy & Restructuring

Governor Cuomo Signs the COVID-19 Emergency Protect Our Small Businesses Act of 2021 Establishing Eviction and Foreclosure Protections For Small Businesses

Business Divorce

Unsigned, Non-Final Operating Agreemeent Trumps Conflicting Testamentary Bequest of LLC InterestOn the Menu: Steak and Equitable DissolutionU.S. Circuit Courts Split on Abstention Doctrine in Dissolution Cases

Civil Litigation

EDNY Certifies Interlocutory Appeal of False Claims Case To Second CircuitNovartis Agrees To $678 Million False Claims Act Settlement With SDNY For Sham Speaker ProgramsCompound Pharmacies Enter False Claims Act And Anti-Kickback Statute Settlement

Commercial Litigation

Mandatory Settlement? Close, But Not Quite.General Statement of Indebtedness is Sufficient to Restart Statute of Limitations Despite AmbiguitiesThe Ball is in Who’s Court?: Commercial Division Denies Plaintiffs’ Attempt to Invalidate Forum-Selection Clause in Promissory Notes

Corporate

The Money's There But Out of Reach for the Minority LLC MemberIssuers May "Test-the-Waters" Before Choosing a Securities ExemptionNY Practice Tip: Protecting Your Client Against an Improper Notice to Admit

COVID-19 Resources

Governor Cuomo Signs the COVID-19 Emergency Protect Our Small Businesses Act of 2021 Establishing Eviction and Foreclosure Protections For Small BusinessesSeller Beware: “Ordinary Course” and “Material Adverse Effect/Change” in the Age of COVID-19The Commercial Division Continues to Rule Against Businesses Seeking Financial Relief Amidst COVID-19 Shutdowns

e-Discovery

When Does My Duty to Preserve End?Cooperation and Collaboration in E-Discovery is Still the TARgetCourts Won’t Go “Where Angels Fear to Tread” When Deciding On Search Term Issues

Emerging Companies

Issuers May "Test-the-Waters" Before Choosing a Securities ExemptionSEC vs. Ripple Could Make Waves in Cryptocurrency MarketRelief for Pre-Verified Accredited Investors May Encourage Rule 506(c) Offerings

Estate Litigation

The Remedy of Eviction in the Surrogate’s CourtThe Resolution of Interstate Adult Guardianship Disputes in New YorkAdmission of Remotely Witnessed Will to Probate

Featured

New York Doubles Down on TelehealthWhen Does My Duty to Preserve End?Unsigned, Non-Final Operating Agreemeent Trumps Conflicting Testamentary Bequest of LLC Interest

Government

EDNY Certifies Interlocutory Appeal of False Claims Case To Second CircuitNovartis Agrees To $678 Million False Claims Act Settlement With SDNY For Sham Speaker ProgramsCompound Pharmacies Enter False Claims Act And Anti-Kickback Statute Settlement

Healthcare

New York Doubles Down on TelehealthCBD 101: Just the FactsNew York Court of Appeals Rules that an Insurer May Withhold Payments to a Medical Service Corporation Improperly Controlled by Non-Physicians without A Finding of Fraud

Land Use & Municipal

Second Department Affirms Limits on Site Plan DeterminationsNew York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site ConsumptionSecond Department Affirms Denial of Religious Organization's Application for Conditional Use Permit

Real Estate

Second Department Affirms Limits on Site Plan DeterminationsNew York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site ConsumptionSecond Department Affirms Denial of Religious Organization's Application for Conditional Use Permit

Tax

How Dealings between Related Parties Doomed a Captive InsurerCorporate Tax Hike on the Horizon: Using Reasonable Compensation to Withdraw ValueLou Vlahos Quoted in Forbes’ Recent Article on Proposed Wealth Tax Act