Searching Content indexed under Trials & Appeals & Compensation by Stroock & Stroock & Lavan LLP ordered by Published Date Descending.
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SCOTUS Limits The Definition Of ‘Debt Collector' Under The Fair Debt Collection Practices Act
On March 20, 2019, the Supreme Court issued its much-anticipated decision in Obduskey v. McCarthy & Holthus LLP,
United States
2 Apr 2019
A Donald Trump Coup If He Loses In 2020? With All The Norms He's Busted, Don't Rule It Out
Cohen fear about a 'peaceful transition' is worth considering given Trump's attacks on judges, Congress and media, and the criminal trials he may face.
United States
28 Mar 2019
Wrestling Over What's "Reasonable"
WHAT DOES IT mean when a co-op's proprietary lease or a condo's bylaws state that "consent shall not be unreasonably withheld"?
United States
6 Dec 2018
Who Can Go Out On The Roof?
Outdoor space is a coveted commodity in New York City, and some people look for any way to assert that the area outside their apartment is for their exclusive use.
United States
26 Nov 2018
After The Lender Case — Securities Law Restrictions That Apply To Family Offices Managing Other People's Money
As we discussed in our prior Stroock Special Bulletin (our "Prior Bulletin"),[1] Lender Management, LLC v. Commissioner of Internal Revenue, T.C. Memo. 2017-246 (2017) provides family offices...
United States
12 Nov 2018
‘Confirmation Bias' And The Criminal Litigator
In his column on Ethics and Criminal Practice, Joel Cohen writes: Are prosecutors or defense counsel ethically obligated to stifle their predispositions, proneness or susceptibility...
United States
18 Oct 2018
"Why Mueller Should Agree Not To Prosecute The President For Interview Lies"
Prosecutors and agents should want everyone's story/account about a criminal episode before bringing charges.
United States
18 Apr 2018
Stroock's National Real Estate Group Represents Rockwood And Midtown Equities On $245 Million Loan For Brooklyn's Empire Stores
Stroock has represented a joint venture between Rockwood Capital and Midtown Equities in securing financing from M&T Bank for a mixed-use project in the DUMBO section of Brooklyn.
United States
12 Dec 2017
"Jurisdiction, That Is The Question: Keeping Your Case In Federal Court After The 11th Circuit Issues A Jurisdictional Question That Stalls Your Appeal"
The case you spent years successfully litigating was firmly planted in federal court. At the time, you had no reason to think otherwise.
United States
7 Sep 2017
Ninth Circuit Rules Plaintiff Has Article III Standing In Spokeo, Leaves More Questions Unanswered
On remand from the United States Supreme Court, the Ninth Circuit today addressed the issue of whether plaintiff adequately established standing for his claims asserting violations of the federal Fair Credit Reporting Act...
United States
23 Aug 2017
Affirmed – Defaulted Debt Buyer Not Subject To FDCPA
In his first opinion, Justice Gorsuch yesterday delivered the Supreme Court's unanimous decision in Henson v. Santander Consumer USA Inc., No. 16-349.
United States
14 Jun 2017
Supreme Court Unanimously Rules SEC Power To Seek Disgorgement Subject To Five-Year Statute Of Limitations
unanimous Supreme Court ruled yesterday that the Securities and Exchange Commission's power to recover ill-gotten profits from misconduct, also known as "disgorgement," is subject to a five-year statute of limitations.
United States
7 Jun 2017
Which Constitutional Question Will Decide PHH v. CFPB
The May 24, 2017, oral argument in PHH Corp. v. CFPB before the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, sent strong signals that the Court is likely to decide this case...
United States
30 May 2017
Foresight Energy Refinancing Results In Big Win For Stroock's Clients
Due to a combination of factors, including a winning litigation strategy and execution thereon, noteholders represented by Stroock and Houlihan Lokey in the Foresight Energy situation...
United States
4 May 2017
D.C. Circuit Strikes Down FCC's Order Requiring Opt-Out Language On Solicited Fax Advertisements
On March 31, 2017, the D.C. Circuit issued its long-awaited decision in Bais Yaakov of Spring Valley, et al., v. Federal Communications Commission, et al., No. 14-1234, invalidating the FCC's rulings...
United States
7 Apr 2017
"The Smell Of Pot, the Scent Of A Lawsuit"
The court first discussed whether the board would succeed.
United States
3 Mar 2017
The Meaning Of "And"
At some point, almost every cooperative board asks about the proprietary lease's "use clause." When it says the apartment can be used as a private dwelling by the lessee and the lessee's family, does that mean that both the lessee and the family must live there simultaneously?
United States
23 Jan 2017
Supreme Court Leaves Remote Tippee Liability Unresolved In Salman v. United States
Ruling in its first insider-trading case in two decades, a unanimous Supreme Court in Salman v. United States, reaffirmed the test first articulated in Dirks v. SEC . . .
United States
12 Dec 2016
The Eleventh Circuit Expands Private Insurers' Exposure For The Reimbursement Of Medicare Payments Under The Medicare Secondary Payer Act
Two cases recently decided by the Eleventh Circuit Court of Appeals expand private insurers' exposure for the reimbursement of Medicare payments under the Medicare Secondary Payer Act ("MSP").
United States
12 Dec 2016
Floor Price vs. Board Price
Can a cooperative's board of directors reject a sale because it believes the purchase price is too low? Can it set a price below which an apartment cannot be sold?
United States
5 Dec 2016
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