New York State recently authorized transfer on death deeds for real property offers. Property owners and their counsel can take advantage of this simplified method of transferring assets to beneficiaries; however, a transfer of death deed is not appropriate for all situations and has, in some cases, complicated matters more than it simplified them. History … Continued
Opioid addiction is a public health crisis that affects all walks of life. This crisis is most devastating in marginalized communities that lack the resources to provide users with appropriate care. What is needed is a comprehensive program to ensure that all persons addicted to opioids, whether in cities or suburbs, in affluent neighborhoods or … Continued
Much has been written about the Federal Trade Commission’s “final rule” banning the use of most employee non-compete agreements by private sector employers.[1] While litigation over the enforceability of the final rule works its way through the federal courts, the National Labor Relations Board has also sought to invalidate non-competes and other restrictive covenants – … Continued
Lauren Moskowitz received the Hon. Shira A. Scheindlin Award for Excellence in the Courtroom. A mentor and role model whose leadership has inspired a generation of female attorneys was recently honored by the New York State Bar Association for her distinguished work as a litigator. Lauren Moskowitz, partner at Cravath, Swaine & Moore, received the … Continued
This article reviews new legislation amending the Penal Law, Criminal Procedure Law and related statutes. The discussion that follows will highlight key provisions of the new laws, which the reader should review for specific details. Where indicated, legislation enacted by both houses is awaiting the governor’s signature; the reader should check to determine whether the … Continued
A recent decision by the Appellate Division of New York on the question of collateral sources of medical expenses highlights some issues that have arisen in the wake of the Affordable Care Act. One issue is the subsequent policy of not enforcing the original rule of requiring everyone to be enrolled in a health insurance … Continued
Good morning. Before we begin – I want to take a moment to share some thoughts about our colleague Ariel Weinstock. Ariel passed this summer following a tragic car accident during our June 2023 House of Delegates Meeting in Cooperstown. It was Ariel’s first House Meeting as he was just beginning to share his time … Continued
The New York State Bar Association is working with the Commercial Division Advisory Council to provide economic benefits to NYSBA members and the State of New York. NYSBA President Domenick Napoletano discusses these joint efforts. Are there any precedents for NYSBA’s current efforts to persuade businesses to litigate their disputes in New York? NYSBA has … Continued
In this digital age, the issue of electronic wills has become a topic of much discussion. In re Estate of Horton, a 2018 case decided by the Michigan Court of Appeals, is interesting not only because it involves the validity of an electronic will, but also because it involves the application of the harmless error … Continued
The launch of our new membership model is among the most exciting and significant initiatives that the New York State Bar Association has undertaken in its nearly 150-year history. I can’t help but be excited about this because it will allow me to do my job more efficiently by providing me with an abundance of … Continued