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Expert Opinion

Separation agreement promises and matrimonial law

A recent decision out of Surrogate’s Court directly relates to the petitioners’ parents’ Separation Agreement.  (Matter of Estate of Richard N. Panella, Oneida Cty Surrogate’s Court File No. 2017, September 21, 2022).  While the case addresses a Will contest, matrimonial ...

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NYC Bar on ethics of copying clients on emails

Lawyers have used email for decades, ever since the mid-1990s when ethics committees determined that it was permissible for lawyers to use email to communicate about case-related matters. Fast forward to 2022, and most lawyers now use email at least ...

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Civil Litigation: Staying ready: An alternative approach to taking depositions

An attorney’s or client’s quick perusal of online practitioners’ guides will find that most of those who opine on best practices for depositions encourage a conversational approach to probe for information. This approach is half correct. I offer an alternative. ...

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Ohio ethics board on holding cryptocurrency in escrow

Take a look around. The world’s a bit different these days, isn’t it? Change is occurring so rapidly that it’s not always easy to keep up. For instance, just when you’ve finally wrapped your head around the concept of cryptocurrency, ...

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White Collar Corner: While PPP loans have ended, the investigations are ongoing

On Aug. 5, 2022, the PPP and Bank Fraud Enforcement Harmonization Act of 2022 was enacted and established a 10-year statute of limitations (“SOL”) for the prosecution of fraud by borrowers under the Small Business Administration’s Paycheck Protection Program (PPP). ...

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Advocate’s View: Appellate courts reject commercial tenant attempts to avoid rent obligations

During the COVID outbreak in 2020, New York and several other states issued restrictions on in-person business operations in an attempt to reduce the spread of the virus. These measures significantly impacted commercial real estate as tenants struggled to pay ...

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IP Frontiers: First impressions of the Copyright Claims Board

In December 2020, the Copyright Alternative in Small-Claims Enforcement Act (the CASE Act) was signed into law at the height of the COVID-19 pandemic. The CASE Act provided for the creation of a Copyright Claims Board (CCB) by amending Title ...

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Legal Loop: New York courts and bar take tech forward steps

How much did the pandemic change your life? What about your law practice? Were the effects significant or peripheral? Did your law firm change the way it functioned in order to adapt to remote working challenges? Or did your firm ...

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Commentary: Penalties and punishments for weapons charges in New York

The state of New York has some of the most restrictive weapon laws in the country, and New York City has codified even more severe restrictions. If you are facing a criminal weapons charge, or if you just have questions ...

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