New York

Expert Analysis

• Climate Law Brings Challenges For NYC Co-Ops And Condos

  

  New York City's Climate Mobilization Act leaves several unanswered questions for co-ops and condos, such as what will happen to buildings with rent-regulated units, how buildings will pay for compliance costs, and how building owners will divide CMA responsibilities with tenants, says William McCracken of Ganfer Shore.

• FIRREA Remains Potent Civil Fraud Enforcement Tool

  

  Last year, three court decisions addressing the Financial Institutions Reform, Recovery and Enforcement Act's civil monetary penalties provision — two at the final judgment stage and one at the pleadings stage — expanded FIRREA jurisprudence and remind us why this statute cannot be ignored, say attorneys at Morgan Lewis.

• Bias Case Gives Justices Chance To Rethink Title VII

  

  If the U.S. Supreme Court decides to hear Peterson v. Linear Controls, its decision could resolve a circuit split and redefine the scope of Title VII's discrimination protections, say attorneys at Sullivan & Cromwell.

• Top 10 Employment Law Developments Of The Decade: Part 2

  

  In the final part of this article, Barbara Roth and Tyler Hendry at Herbert Smith look back on the most significant labor and employment law updates from the second half of the decade, and reveal their choice for the most important change of the 2010s.

• NY State Flexes Muscles With Energy Service Co. Restrictions

  

  The New York State Public Service Commission's new regulations for energy service companies — imposing enhanced eligibility criteria, price caps, and limitations on products and services — raise concerns about how the commission might impose similar restrictions in the broader distributed energy resource markets, say Thomas Puchner and Kevin Blake of Phillips Lytle.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• Tribune Ruling Charts Course For Bankruptcy Safe Harbor

  

  In upholding the dismissal of fraudulent conveyance claims against former shareholders of the bankrupt Tribune Company, the Second Circuit may have laid out a path for parties looking to stay within a crucial Bankruptcy Code safe harbor provision, say attorneys at Cadwalader.

• High Court May Lean Away From 2nd Circ. In 'Lucky' TM Case

  

  The justices at Monday's U.S. Supreme Court oral arguments in the trademark case Lucky v. Marcel appeared skeptical of the Second Circuit’s new four-part test for defense preclusion and seemed to favor the application of existing legal precedent over the creation of a new one, say Robert Potter and Forrest Flemming of Kilpatrick.

• 2nd Circ. Ruling Could Lower Bar For Insider Trading Charges

  

  ​​​​​​​The Second Circuit’s recent decision in U.S. v. Blaszczak potentially makes it easier to prosecute insider trading cases by ruling the government doesn't need to prove an insider received any personal benefit in exchange for sharing material, nonpublic information, say attorneys at Goodwin.

• Top 10 Employment Law Developments Of The Decade: Part 1

  

  In the first of two articles, Barbara Roth and Tyler Hendry at Herbert Smith highlight the decade's most significant labor and employment law changes, including the U.S. Supreme Court’s 2011 decision in Dukes to raise the class certification threshold, and the spread of state and local paid sick leave laws.

• Gov't Contractor Suspension And Debarment: 2019 In Review

  

  Attorneys at Covington look back at last year's policy trends and developments, legislative and rulemaking activity, and notable federal district court rulings related to the exclusion of contractors from doing business with the federal government.

• NY Sex Abuse Insurance Suit Showcases Possible Arguments

  

  Continental Insurance's complaint against the Diocese of Buffalo in a New York state court raises almost every possible defense an insurer may have against providing coverage to a policyholder accused of sex abuse under the New York Child Victims Act, say Robert Chesler and Pamela Hans of Anderson Kill.

• The Shortcomings Of DOL's Fluctuating Workweek Proposal

  

  While clarifications in the U.S. Department of Labor's recently proposed rule on fluctuating workweek bonus pay calculations are encouraging, silence on the standard for fluctuating hours will continue to create uncertainty for employers and employees, says Sarabeth Hall at Fisher Phillips.

• White House NEPA Overhaul Likely To Face Legal Challenges

  

  The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

• Bankruptcy Ruling Signals Lenience For Student Debtors

  

  A New York bankruptcy court's recent ruling in Rosenberg v. N.Y. State Higher Education Services, discharging over $200,000 of a law school grad's student loan debt, could portend a tidal change toward a more pragmatic interpretation of the Bankruptcy Code, and lead to more education loan bankruptcy filings, say attorneys at Rivkin Radler.