The Perils of an Erroneously-Granted Summary Judgment, By Adrienne B. Koch

New York Law Journal (June 26, 2020) It is a well-known principle of New York law that on a summary judgment motion the moving party must demonstrate with admissible evidence that no material issue of fact exists.  If that burden is not met, a court has no option…

The Complexities of ‘Yellowstone’​ Injunctions in Disputes Over Rent, by Adrienne B. Koch

New York Law Journal (June 22, 2020) When parties are litigating over money, the question of who gets to hold the contested funds while the dispute is pending is often critical. This can become especially complicated in litigation over a commercial tenant’s rent obligations where a Yellowstone injunction…

When Venue Dictates Tools For Early Class Cert. Challenges

Partner Adrienne B. Koch published an article with Law360 on May 4, 2020 that looks at how early strategic choices for defense counsel wishing to challenge class certification may vary depending on the court in which the case is filed.  “Counsel facing a class action complaint should look for the earliest…

A Primer on Account Stated, by Adrienne B. Koch

New York Law Journal (November 12, 2019) A party that receives an invoice and holds it without dispute does so at its peril: Absent an objection within a reasonable time, the recipient can become liable for the entire amount of the invoice based on an account stated. There…

Where A Litigator’s Advice Can Improve Agreement Drafting

Partner Adrienne B. Koch published an article with Law360 on November 6, 2019 that looks at when transactional lawyers and in-house counsel should seek out the opinion of a litigator on contract language. In the piece, she outlines some of the provisions that are most likely to come into play…

Motion Practice After an Appellate Division Loss, by Adrienne B. Koch

New York Law Journal (August 19, 2019) You lost your appeal in the Appellate Division. What do you do next? Unless the decision is appealable as of right (see CPLR 5601), you may have to take your lumps and move on. Under the right circumstances, however, there are…

Matthew A. Feigin podcast interview about divorce and taxation

Matthew A. Feigin, a partner in the Matrimonial Department of Katsky Korins LLP, was interviewed for a July 16, 2019 podcast about divorce and taxation.  The podcast series, Financially Ever After,” is targeted at women considering or undergoing divorce.   The interview with Mr. Feigin was about “Changing Tax…

25th Anniversary of ConsensUs Alternative Dispute Resolution

ConsensUs, our trademark-registered alternative dispute resolution process created and developed by the Matrimonial Department’s chairperson, Marcy L. Wachtel, celebrates its 25th anniversary this year. In the last quarter century, by participation in mediation in the ConsensUs forum, scores of couples have reached and executed divorce settlement agreements as…

Real Estate Disputes Involving Delaware LLCs: Does Forum Affect the Outcome?

https://www.linkedin.com/pulse/real-estate-disputes-involving-delaware-llcs-does-forum-koch/

Matthew A. Feigin, spoke about “Tax Law Points Every Divorce Professional Should Know”

Matthew A. Feigin, a partner in the Matrimonial Department of Katsky Korins LLP, spoke on June 24, 2019 about “Tax Law Points Every Divorce Professional Should Know” to the Greater New York Metro chapter of the Association of Divorce Financial Planners (https://www.divorceandfinance.org/page/NewYorkChapter ).  His audience included accountants, attorneys, financial…