Introduction In early 2021, the United States Congress enacted the Corporate Transparency Act (CTA), introducing significant changes to corporate reporting requirements. The primary goal of the CTA is to enhance transparency in business ownership and combat illegal activities such as money laundering and tax evasion.1 The law officially took effect on January 1, 2024, mandating approximately … Continued
In January 2025, in the last days of the Biden administration, the Consumer Financial Protection Bureau released a phalanx of guidance encouraging and arming the states to pursue consumer financial protection enforcement and regulation on their own. Specifically, the CFPB released a report titled Strengthening State Level Consumer Protections1 and an extensive Compendium of Recent CFPB Guidance.2 In addition, … Continued
Banking Law Committee The Banking Law Committee focuses on the extensive body of law and regulations that govern banking in New York State, at both the federal and state level. Banks are unique in that they can choose to be chartered under either federal or state law, and their counsel need to be up to … Continued
In my Message From the Chair in the last issue of the NY Business Law Journal, I discussed the challenges for business lawyers as business law itself increasingly occupies a prominent role in many debates in society. But since then, the U.S. presidential election ushered in a whole new set of challenges to the rule of … Continued
There has been increasing attention in recent years to what is required for a reasoned award. Several decisions that have drawn considerable comment have refused to enforce awards due to insufficient reasoning, highlighting the importance of the issue. An examination of what is required for a reasoned award seems timely. The reasoning of an award … Continued
As attorneys representing parties in employment cases in New York federal court are aware, odds are good that the case will wind up at mediation, often very early in the litigation (whether by choice or not). The most recent data from two of the busiest federal courts is clear: mediation of employment law claims is … Continued
Introduction In New York, CPLR 75101 enables a party to seek confirmation of an arbitration award, thereby converting the award into a judgment.2 Once confirmed, the prevailing party gains access to the judgment enforcement mechanisms outlined in CPLR Art. 52, allowing them to utilize the full range of legal tools available to enforce the judgment.3 The doctrine … Continued
What obligations do members of the legal profession owe to a society in crisis and conflict? Specifically, do lawyers have an ethical duty to deploy their skills to encourage and advance peacemaking? My response to this normative question is yes. Not only is there a peacemaking role for lawyers, but we should be more intentional … Continued
Having served one-year terms as the vice-chair and chair-elect of the Dispute Resolution Section (DRS) of the New York State Bar Association, I thought I knew what to expect when I became the chair on June 1, 2024. However, until one is actually sitting on the “throne,” one does not appreciate how different the view … Continued
Parties choose arbitration as an alternative to the traditional court system. They want their disputes dealt with fairly, expeditiously, and with as little fuss and bother as possible. Therefore, absent agreement to the contrary, formal court procedures, including the strict rules of evidence, do not apply in an arbitration. The common law and the rules … Continued