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Thought Leadership

Thought Leadership

Delaware Supreme Court Confirms Forfeiture-for-Competition Provision Is Governed by Employee Choice Doctrine Rather Than More Restrictive Non-Compete Analysis

February 14, 2024/4 minute read

On January 24, 2024, the Delaware Supreme Court re-opened the door for employers to rely on the employee choice doctrine to support forfeiture-for-competition provisions as an alternative to traditional non-compete…

Thought Leadership

New 13D/13G Rules Explained; Elon Musk Hypothetical; Section 16 Update

February 14, 2024/5 minute read

On October 10, 2023, the Securities and Exchange Commission (“SEC“) adopted amendments to the rules governing beneficial ownership reporting under Sections 13(d) and 13(g) of the Securities Exchange Act of…

Thought Leadership

DEC Solicits Feedback on the Regulation of Freshwater Wetlands, Hoping to Clarify Recent Legislation

February 13, 2024/5 minute read

In 2022, Governor Hochul signed into law an historic expansion of New York’s Freshwater Wetlands Act. In January, the New York State Department of Environmental Conservation (DEC) issued preliminary draft…

Thought Leadership

Alternative Funding for an Equitable Park System in New York City and State

February 7, 2024/NYCPARKS/34 minute read

Previously published in 2015 I. INTRODUCTION  “Equity” is a buzz word that now pervades our national political system in debates about taxation, immigration, and healthcare reform. It was the main…

Thought Leadership

Five Innovative Ideas for Funding Parks and Open Space

February 7, 2024/NYCPARKS/36 minute read

Previously published in 2012 I. INTRODUCTION New York State and its municipalities are not likely to have adequate revenues to support maintenance or expansion of parks and open space in…

Thought Leadership

IDGTs: Flexible Drafting Saves the Day When Intended Benefits Become a Burden

January 30, 2024/6 minute read

By Alison Powers Herman and Karen T. Schiele. Published in the New York Law Journal. Transferring assets to an intentionally defective grantor trust (IDGT) is a potentially powerful estate planning…

Thought Leadership

Recent Developments in Construction Access Under RPAPL § 881 and What to Expect in 2024

January 29, 2024/5 minute read

In a city as dense as New York City, property owners often cannot make repairs and improvements to their property without access to their neighbor’s land.  Section 881 of the…

Thought Leadership

New Cybersecurity Disclosure Rules for Public Companies: Update

January 22, 2024/4 minute read

As we previously reported in July 2023, the U.S. Securities and Exchange Commission (the “SEC”) adopted new cybersecurity disclosure rules for public companies. The new rules require issuers to promptly…

Thought Leadership

Digital Right to Repair Expands to Influential State of California

January 19, 2024/7 minute read

By Jenny Frank, Matt Dunn and Jack Griem. Published in the New York Law Journal. New York was the first state to pass right to repair legislation for digital electronic…

Thought Leadership

Mike Bauscher Authors Comprehensive Guide for Acquiring Property by Eminent Domain in New York

January 18, 2024/less than a minute

Co-chair of Carter Ledyard’s Condemnation Practice, Mike Bauscher, has authored a comprehensive guide for acquiring property by eminent domain in the State of New York pursuant to New York’s Eminent…

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