Publications

Insights into the middle market.

Publications

Legal Updates
  • Tarter Krinsky & Drogin’s Top 10 Legal Alerts from the First Half of 2019
    June 25, 2019

    As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019. Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • Highlights from the New York State Bar Association CLE Program on Motion Practice Before the Commercial Division – New York County
    June 7, 2019

    On June 5, 2019, the New York State Bar Association held a CLE program entitled, "Motion Practice Before the Commercial Division – New York County.” The program was remarkable in that the panelists were all eight of the current Justices of the Commercial Division in New York County, together live and in person. Justices Borrok, Cohen, Friedman, Masley, Ostrager, Scarpulla, Schecter and Sherwood all spoke candidly about their preferences and pet peeves in the course of motion practice (and beyond) in their courtrooms. In this alert, Litigation partner Richard Schoenstein explores key takeaways from the panel.

  • Commercial Tenancy Contract Disputes: The New York Court of Appeals Curtails the Ability of Commercial Tenants to Seek a Yellowstone Injunction
    May 13, 2019

    For approximately 50 years, commercial tenants in New York facing potential action for breach of lease and possible eviction have enjoyed the use of a so-called "Yellowstone injunction," which, if granted by the court, froze the contractual cure period under a lease governed by New York law.

  • What You Should Know About the New York Child Victims Act
    February 20, 2019

    With New York’s recent enactment of the Child Victims Act, the legal landscape surrounding claims of sexual abuse in the civil and criminal contexts has been substantially changed. Given the broad and sweeping impact of the Child Victims Act, it is critically important that public and private institutions familiarize themselves with the law and understand the new rules. In this alert, we explore a few of the major aspects of the Child Victims Act and highlight several of the actions that institutions should take to limit potential liability.

  • Our Top 10 Legal Alerts from 2018
    January 14, 2019

    As we start a new year, we would like to share with you some of our most popular legal alerts from 2018. Our top-read alerts range from construction, corporate and securities, labor and employment, tax and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

Articles
  • How to Win an Insider Trading Case
    August 5, 2019

    A charge of insider trading can have serious criminal and civil consequences for the accused. In fact, frequently, the accused will face parallel investigations by both the U.S. Attorney’s Office and the U.S. Securities and Exchange Commission. In addition, local state authorities are increasingly pursuing securities fraud prosecutions, including insider trading cases. A knowledgeable defense attorney can make a difference in an insider trading case. This article will review both the legal aspects of an insider trading case as well as the techniques investigators use to uncover and investigate insider trading.

  • Richard Schoenstein Authors New York Law Journal Article on the Workforce Mobility Act: The Wrong Solution For Non-Compete Litigation
    July 16, 2018

    Litigation partner Rich Schoenstein authored an article for the New York Law Journal’s special Litigation report titled, "The Workforce Mobility Act: The Wrong Solution For Non-Compete Litigation.”

  • Laurent Drogin Publishes Article for the Association of Corporate Counsel (ACC) on Developments in the Settlement of Wage & Hour Litigation
    October 17, 2017

    Labor & Employment Chair Laurent Drogin published an article for the Association of Corporate Counsel’s (ACC) New York City fall newsletter titled, “Unsettling Developments in the Settlement of Wage & Hour Litigations.” In the article, Laurent notes that in recent years, corporate counsel have been dealing with a massive increase in wage and hour issues, often in the form of a lawsuit, a Department of Labor investigation or an in-house compliance audit. He notes that the vast majority of lawsuits settle before trial, and from a company’s perspective, early resolution limits legal expenses, business distraction and, of course, liability. 

  • Expanded Personal Jurisdiction: The Hidden Cost of Interactive Online Sales Sites
    September 1, 2010

    The Internet allows businesses from around the world to tap into New York’s marketplace, with relatively few upfront costs. A recent federal appeals court decision, Chloé v. Queen Beeof Beverly Hills, LLC, paved the way for courts in New York to hold accountable businesses that sell goods or services to New York consumers online but have no physical presence in this state. 

  • The NJSA: SPAM: What you need to know before you press ‘Send’
    April 1, 2010

    Fax and email broadcasts can be an easy way to reach large numbers of potential customers and candidates with minimal financial investment. Such transmissions, however, are governed by a variety of laws and are regulated and enforced by the Federal Communications Commission and the Federal Trade Commission. Accordingly, you need to be aware of and comply with a variety of rules before you hit the send button.

  • Sorting Out the Law on Homicide Prosecutions Against Corporations
    June 1, 2009

    The recent rise in construction accidents in New York City over the past two years has spurred an increase in criminal investigations and/or prosecutions in connection with these incidents. From the most recent prosecutions in the Bronx in connection with the fire at 236 E. 178th St. that claimed the lives of two firefighters, to the indictments in the Deutsche Bank fire and the 51st Street crane collapse, courts and juries are being asked to determine whether corporations, acting through high managerial agents, are guilty of criminal negligence or ordinary negligence.

  • Sometimes You Can Pick Your Poison: Mediation, Arbitration or Litigation?
    June 1, 2009

    Over the last decade, the use of alternative dispute resolution procedures has increased dramatically. More and more, parties are opting to turn to mediation and arbitration as a means of resolving disputes more quickly, and at less cost, than is typically associated with fullscale litigation. This article will briefly describe and compare these different approaches to resolving disputes.

  • Being First is Not Enough: Courts Reject Recruiters’ Fee Claims
    September 1, 2008

    In Mark Bruce International, Inc. v. Blank Rome, LLP, it was undisputed that in October 2005 Mark Bruce first proposed a merger between Blank Rome and Healy & Baillie, a 28-lawyer firm specializing in maritime law. 

  • The Most Important Piece of Pending Legislation Nobody has Heard of Yet
    April 1, 2008

    Does your business use mandatory arbitration clauses in any of its contracts with its clients or employees? Chances are, if your business enters into contracts, there are probably mandatory arbitration clauses in at least some of them. Legislation currently pending before Congress may eventually put an end to the widespread use of such mandatory arbitration clauses, which have proliferated in employment contracts, credit card agreements, HMO contracts, securities broker contracts and other contexts in recent years.

  • E-Discovery: Plan Now to Prevent Problems Later
    December 1, 2007

    New federal rules regarding electronic discovery are changing the way we all think about preserving documents when the possibility of litigation arises – or at least they should be. While there has always been an obligation to search electronic systems for documents and data responsive to discovery requests, the new rules strengthen and clarify that obligation.

  • In Some Cases, The Real Battle is Enforcing, Rather than Obtaining, the Judgment
    December 1, 2007

    You’ve won a quick and relatively inexpensive victory and obtained a money judgment against the defendant as a result of a default or an early dispositive motion. Often in this context, the chief battle is just beginning, especially if the judgment debtor is a small company or an individual.

  • It's About People: Common Sense Advice for Resolving Disputes
    June 1, 2007

    The broad sword and shield are often the primary tools used by litigation attorneys in protecting a client’s rights. However, there are times when a client will be best served by tact, diplomacy and understanding, which can go a long way toward resolving disputes before they turn into lawsuits.


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