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Expert Opinion

Real Estate Law: This for that: Advising clients in a forward 1031 Exchange

‘Tis the season for exchanging gifts, or, in real estate, perhaps the season to exchange one piece of property for another. Section 1031 Exchanges or “like-kind” exchanges are effective vehicles for investors in real property to defer capital gains tax ...

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Commentary: Six steps toward building a stronger security profile in 2022

These days, there’s a lot of emphasis on the implications of data breaches, ransomware attacks, and other system compromises from bad actors on the world stage. We read about the “parade of horribles,” which can ensue after an event, and ...

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Matrimonial Matters: Adoption revocation must follow applicable law

The Fourth Department Appellate Division addressed an issue that arose in an adoption matter in the Onondaga Family Court.  In Re Tony S.H., Jr. [CAF 20-00300].  The question before the Appellate Court involved Social Services Law §383-c, relating to “guardianship ...

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Civil Litigation: Spoiler alert — The ins and outs of spoliation

In most commercial litigation in the New York courts, the parties and their lawyers spend much effort and expense in discovery. “Discovery” is the pretrial process of obtaining evidence from the opposing party that is or may be relevant to ...

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Commentary: Trapped children — adverse childhood experiences need renewed analysis by NY courts

Domestic strife research into the long-term consequences of a child’s exposure to household traumas may herald a new wave of advocacy for both matrimonial and defense attorneys in New York. This new developing research on the long-term impact of adverse ...

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Advocate’s View: Pre-action discovery in New York does not create path for removal to federal court

In a past Advocate’s View article, I wrote about efforts to obtain pre-action discovery pursuant to CPLR 3201(c). To recap, pre-action discovery is available to aid in bringing an action or arbitration as well as to preserve information, but only ...

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MCBA President’s Message: Let’s include everyone when we connect

“From Striving Alone to Thriving Together.” This is the title of NYSBA’s recent report on attorney well-being. I think that’s what the MCBA and other bar associations are really all about — connection with others that look out for us ...

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IP Frontiers: Proposed rules for the Copyright Claims Board

The Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) included a direction from Congress to create the Copyright Claims Board (the “CCB”), a three-member panel giving an option to resolve copyright disputes involving less than $30,000. The ...

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NJ latest to weigh in on ethics of practicing law remotely

We’re well into the second year of the pandemic and as the disruptions continue, remote work is becoming commonplace in the legal profession. Every week of uncertainty leads to the increased acceptance of working from locations outside of law offices. ...

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Real Estate Law: Home is where the heart (or HOA) is

I was welcomed to the world of Homeowner’s Associations (“HOAs”) as a young associate in the early 1980s, when I was assigned the task of establishing an HOA for a local townhouse development. At the time, HOAs were just starting ...

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