Legal News Desk

The Firm

Recent Firm News, Events & Publications

KMH Partner Rachel K. Marcoccia Selected to Serve on New York City Bar Association Committee, February 2025. Rachel K. Marcoccia has been selected by the New York City Bar Association to serve on its Women in the Legal Profession Committee. The Committee focuses on the advancement of women in the legal profession, and addresses issues faced by women in law offices, corporate law departments, the public sector, and other legal settings.

Publication, Scott M. Himes, “A Primer on Using Third-Party Depositions To Prove Your Case at Trial,” New York Law Journal, January 23, 2025.

Selection of KMH Attorneys to 2024 Super Lawyers. November 1, 2024. KMH is pleased to announce that name partners Scott Himes and Ryan O. Miller were again named to the New York Metro Super Lawyers for 2024. Scott was selected again for Business Litigation, having been selected annually for 15-plus years. Ryan was again selected to Super Lawyers for Real Estate. Read more

Speaking Engagements, Scott M. Himes, “Taking & Defending Depositions: Strategies & Techniques, Parts II and III,” for the New York City Bar Association, New York, New York, July 23 and 30, 2024. Partner Scott Himes again moderated and presented at two of the three sessions of this popular City Bar skills-based program. Scott has been involved in this program for many years and has helped develop and expand the sessions and topics. The program presents the nuts-and-bolts of depositions, focusing on “best practices.” This year, Scott again spoke on the “how-to” for taking depositions and on the particularities for defending and taking depositions of corporate designees, experts, and third-party witnesses.

KMH prevails on emergency court application to prevent elderly client from losing her home, May 2024. KMH’s 85-year-old widowed client suddenly faced the loss of her apartment in a New York City cooperative building when her mortgage lender unexpectedly sold her co-op shares through a non-judicial foreclosure sale. The client, who lives alone, mistakenly and unknowingly fell behind on her mortgage payments, being in arears less than $4,000 come late 2023. Nonetheless, a month later, the lender went ahead and sold the client’s shares at auction. Upon our firm’s learning from the lender’s counsel that the successful bidder at auction had submitted an application to the co-op board to transfer the client’s interests and close the sale, and that the closing had to occur the next day, KMH immediately filed an order to show cause for expedited, emergency relief to stop the closing. Read more

KMH Partner Rachel K. Marcoccia featured in College Tennis Alumni Network Newsletter, May 2024. Ms. Marcoccia was a four-year letterwinner on the Syracuse University Women’s Varsity Tennis team, three-time Big East Conference Academic All-Star, and a co-captain and Intercollegiate Tennis Association Scholar Athlete All-American during her senior year. She is now a co-coordinator of the New York City Chapter of the College Tennis Alumni Network. Click to read the newsletter featuring Rachel.

Speaking Engagement, Scott M. Himes, “Business Litigation: A Crash Course,” New York, New York, March 19, 2024, presented by the New York City Bar Association. This CLE program was adapted from a prior business litigation program that Scott had helped organize. Designed to familiarize transactional lawyers with litigation, Scott spoke about litigation prevention, and he suggested pointers in drafting transaction documents that can help avoid litigation. Scott also spoke on trial practice generally, and about how issues that arise for transaction lawyers in everyday practice might later play out at trial.

Publication, Scott M. Himes, “Don’t Be a ‘Tilting-at-Windmills’ Litigator,” New York Law Journal, October 6, 2023.

KMH Attorneys Again Named 2023 Super Lawyers. October 1, 2023. Partner Scott Himes was again named to 2023 New York Metro Super Lawyers in Business Litigation. Partner Ryan O. Miller was selected again to Super Lawyers for Real Estate. Read more

Follow Up Speaking Engagement, Scott M. Himes, “Deposition Preparation, Part III of Taking & Defending Depositions: Strategic Tips & Techniques,” for the New York City Bar Association, New York, New York, July 24, 2023. Part III of this City Bar program focused on “specialized depositions,” involving taking and defending depositions of nonparty witnesses, experts, and corporate representatives. Scott served as the moderator for a robust panel discussion involving these important discovery tools. He has substantial experience in these kinds of depositions, both taking and defending them.

Speaking Engagement, Scott M. Himes, “Deposition Preparation, Part I of Taking & Defending Depositions: Strategic Tips & Techniques,” for the New York City Bar Association, New York, New York, July 10, 2023. After participating for many years in the City Bar’s Continuing Legal Education program on depositions, Scott helped expand the one-session program into a multi-part series. In this newly-structured format, Scott participated as a panel member in the first session, which focused on “best practices” in preparation for both defending and taking depositions.

Speaking Engagement, Bryan W. Kishner, “Air rights — Owning a Piece of the Sky,” sponsored by Langdon Title Company, New York, New York, January 4, 2023. The program focused on educating real estate brokers and sales agents on the importance of development rights, with particular emphasis on how developers use air rights to enhance property values. Bryan often presents at programs for real estate brokers on current legal issues.

Several KMH Attorneys Again Named 2022 Super Lawyers. October 1, 2022. Partner Scott Himes was again named to 2022 New York Metro Super Lawyers in Business Litigation. Partner Ryan O. Miller was selected again to Super Lawyers for Real Estate, and Senior Associate Scott Koop also was recognized in 2022 again as a Super Lawyers’ Rising Star in Real Estate. Read more

Speaking Engagement, Scott M. Himes, “The Non-Business Litigator’s Guide to Business Litigation,” New York, New York, September 21, 2022, presented by the New York City Bar Association. This CLE program is new for the City Bar. Scott assisted in preparing the curriculum, and he spoke on trial practice, both preparation and pointers for a trying a case successfully.

Speaking Engagement, Scott M. Himes, “The ‘How To’ of Successful Motion Practice: Practical Advice and Tips,” New York, New York, September 15, 2022, presented by the New York City Bar Association. Scott helped formulate this program years ago, and he has continued as a faculty speaker ever since.

Speaking Engagement, Scott M. Himes, “Taking & Defending Depositions: Strategic Tips & Techniques,”” for the New York City Bar Association, New York, New York, June 15, 2022. Scott has participated in this program for several years, speaking on different areas within deposition practice, and each year he has helped draft and revise the program’s accompanying written materials.

KMH wins reversal on appeal for clients in significant shareholder derivative case, March 2022. In the fall of 2020, KMH brought a derivative action in New York state court on behalf of several shareholder-investors in a Swiss pharmaceutical company known as Phoenixus A.G. Phoenixus, and its New York-based operating subsidiary, Vyera Pharmaceuticals LLC, were founded and controlled by the infamous Martin Shkreli. Known pejoratively as “Pharma Bro,” Shkreli gained public notoriety years ago for precipitously raising the price of a life-saving drug needed for treating a rare disease, resulting in congressional hearings into the conduct. The complaint KMH filed for its clients asserts that from 2018 to 2020, several Shkreli-appointed corporate officers of Vyera (who also served on the Swiss parent’s board of directors) operated Vyera’s pharma business unlawfully. In particular, the complaint alleges that the officers — acting in concert with Shkreli “behind the scenes” — engaged in self-dealing, improper transactions, and financial misreporting. The shareholders contend that this alleged wrongdoing harmed both Vyera and Phoenixus, thereby also harming them. Read more

In the trial court, the officers moved to dismiss the case. They claimed that because the parent Phoenixus was a Swiss corporation, and Swiss law would apply to decide the shareholders’ claims, Switzerland — not New York — was the better locale for the case. That is, defendants relied on the legal doctrine of forum non conveniens, or “an inconvenient forum,” for seeking dismissal. This doctrine involves analyzing and balancing several factors to decide whether a case is best decided in a New York or foreign court. The trial court sided with defendants. It dismissed the case, concluding that the Swiss courts provided the more appropriate and more “convenient” forum for adjudicating the shareholders’ claims. KMH promptly appealed the dismissal.

The appellate court, the First Judicial Department of the Appellate Division, unanimously reversed the trial court’s decision. The Court rejected the defendants’ contention that the claims were Swiss-based due to Phoenixus’ incorporation and board actions in Switzerland. Instead, the Court accepted plaintiffs’ argument that “[t]he allegations in the complaint make clear that this action has a substantial nexus to New York.” The Court also credited plaintiffs’ central claim — that the defendant-officers “conspired with each other and Phoenixus’s founder, nonparty Martin Shkreli, to engage in self-dealing and that they took actions which harmed Phoenixus and its shareholders.” Overruling the lower court’s findings, the Court held that the bulk of the forum non conveniens factors favored KMH’s clients, not the defendants. The case now returns to the trial court, enabling KMH to prosecute its clients’ claims.

The case is Wormwood Capital LLC, et al. v. Mulleady, et al, reported at 2022 WL 709752, 2022 N.Y. Slip Op. 01526 (1st Dep’t Mar. 10, 2022) (lower court Index No. 656481/20; Appellate Case No. 2021–03941). Partner Scott Himes wrote the briefs and argued the appeal for KMH’s clients. Scott has handled the case from the beginning.

Senior Counsel joins KMH. Carolyn E. Kruk joined the firm in January 2022 as our newest Senior Counsel. Carolyn received her law degree from the University of Calgary in Alberta, Canada, and her Master of Laws from Columbia University in New York. Carolyn joins the firm from the New York City Law Department where, for almost 10 years, she defended the City of New York, New York City Health + Hospitals, and the New York City Department of Education in a broad array of civil rights litigation in New York federal and state courts. Before her time in public service, Carolyn was an associate at the New York office of Hogan Lovells US LLP in the commercial litigation and arbitration group. Her breadth of litigation experience in the public and private sectors brings additional strength to KMH’s litigation practice. Click here to read Carolyn’s bio.

Publication, Scott M. Himes, “Taking Depositions in Discovery for Effective Cross-Examination at Trial ,” New York Law Journal, September 30, 2021.

KMH Attorneys Named 2021 Super Lawyers Again. In late September 2021, Partner Scott Himes and Senior Counsel Jeffrey M. Dine were again selected to 2021 New York Metro Super Lawyers in Business Litigation. Partner Ryan O. Miller was again selected to Super Lawyers for Real Estate. Senior Associate Scott Koop also was again recognized in 2021 as a Super Lawyers’ Rising Star in Real Estate. Read more

Publication, Scott M. Himes, “Reflections on the Well-Pleaded Complaint ,” New York Law Journal, August 16, 2021.

Speaking Engagement, Scott M. Himes, “The ‘How To’ of Successful Motion Practice: Practical Advice and Tips,” for the New York City Bar Association, New York, New York, June 28, 2021. Scott was again one of the panelists, together with judges and other experienced litigators, for this popular Bar Association program.

Speaking Engagement, Scott M. Himes, “Taking & Defending Depositions: Strategic Tips & Techniques,” for the New York City Bar Association, New York, New York, June 2, 2021. As for this program in the past, Scott discussed taking and defending “virtual” depositions, an area in which he has significant experience.

KMH prevails for clients in overcoming summary judgment dismissal in unique “wine room design” case. May 2021. KMH’s clients bought a Manhattan penthouse apartment in 2014 and hired engineers and contractors to renovate it. The renovation included the design and build-out of a fully functioning “wine room” – a New York City apartment version of the traditional wine cellar used for storing and aging quality wines at an appropriately chilled temperature. The wine room was critical to the clients’ project because they own and operate an Italian winery, and they planned to market the business’s vintage wines in the U.S., including at wine tasting events hosted at home.

Once built, however, the wine room failed to cool properly. It could not be used to store and age the clients’ wines. The clients and their new professionals determined that the engineering firm that designed the wine room had recommended an insufficient cooling unit and had otherwise miscalculated the cooling specifications. Further, fixing these deficiencies would require extensive and intrusive demolition and reconstruction throughout the apartment, at a substantial cost.

KMH sued the engineering firm responsible for the wine room’s design and choice of the cooling unit. The main issue was whether the firm met its legal obligation to design a refrigeration system that satisfied the clients’ need for a functional wine room. Read more

New Associate joins KMH. In March 2021, Huma Ali joined Kishner Miller Himes as our newest associate. Ms. Ali is a graduate of Fordham University School of Law, and she holds a graduate-law LL.M. degree from the Sorbonne Law School, Université de Paris I, with a concentration in French, European, and International Business Law. Prior to joining KMH, Ms. Ali served as a law clerk in New Jersey state court and as an associate in a Manhattan insurance defense firm. Her broad education and prior experience enhance KMH’s strengths in both our litigation and transactional practices. Click here to read Huma’s bio.

Speaking Engagement, Bryan W. Kishner, “Real Estate Investors – What Every Agent Needs To Know,” for Langdon Title Company, New York, New York, February 17, 2021.

KMH succeeds on motion to dismiss lease guarantor in case establishing important precedent on the application and constitutionality of a New York City law enacted to protect individual guarantors from liability arising from government mandated pandemic closures, November 2020. A landlord sued KMH’s clients, a tenant operating a restaurant in the landlord’s building and an individual who had guaranteed the tenant’s lease, for allegedly failing to pay rent during the COVID-19 public health emergency. The case involved Section 22-1005 of the Administrative Code of the City of New York, which was enacted in May 2020 and prohibits for a specified time the enforcement of a person’s guaranty for obligations, such as rent under a lease, of businesses impacted by closures and restrictions imposed by the government due to the pandemic. KMH’s guarantor-client sought to dismiss the case on the contention that this provision protected him from the landlord’s claims to enforce the guaranty for the tenant’s unpaid rent. The Court addressed three significant issues. Read more

First, the landlord argued that the personal liability protections could be applied only if the guarantor obligation existed in the tenant’s lease itself, rather than in a separate agreement. The New York County Supreme Court disagreed. The Court held that the law applies to stand-alone guarantee instruments, and is not limited to a guaranty provision contained within a commercial lease. The Court found that the law’s phrase “‘relating to such a lease’ implicates a guaranty signed as a separate agreement.”

Second, and relatedly, the Court concluded that a September amendment that added “relating to such a lease” simply “clarified the intention of the rule” to apply to a personal guaranty whether or not it appeared in the commercial lease itself — as opposed to creating a new right that did not exist at the time the law was originally enacted. Further, the Court rejected the landlord’s assertions that the law can apply only to cases commenced after the September amendment, stating: “the language of this [law] (as amended in September 2020) states that it applies to defaults between March 7, 2020 and March 31, 2021 [which] is evidence of [a] conscious and deliberate decision to apply this law retroactively.”

Third, the Court resolved the landlord’s challenge to the law’s constitutionality. The landlord contended that applying the law to a stand-alone guaranty would violate the Contracts Clause of the United States Constitution, which bars the States from enacting any law “impairing the Obligation of Contracts.” The Court rejected this challenge. Noting the grim circumstances of the many New Yorkers’ lives lost in the pandemic, the Court emphasized that under “the police powers of this state . . . [t]he New York City Council decided it was reasonable to enact a law to protect the personal assets of guarantors” for businesses hurt by the legally mandated closures and restrictions. The Court found that the Code provision “is permissible and justified.”

The case is 204 East 38th LLC v. Sons of Thunder LLC, et al., Index No. 155933/2020, Supreme Court of the State of New York, County of New York. Senior Counsel Rachel K. Marcoccia and Associate Jonathan Cohen handled the motion.

Several KMH Attorneys Again Named 2020 Super Lawyers. In October 2020, Partner Scott Himes was again selected to 2020 New York Metro Super Lawyers in Business Litigation. Senior Counsel Jeffrey M. Dine also was named to Super Lawyers in Business Litigation. Partner Ryan O. Miller was selected for Real Estate to Super Lawyers. And Senior Associate Scott Koop was again recognized in 2020 New York Metro Super Lawyers as a Rising Star in Real Estate.

Published annually, Super Lawyers selects the top five percent of leading professionals in a geographic area who have attained a high degree of peer recognition, as well as excellence in their practice area.

Speaking Engagement, Bryan W. Kishner, “Development Rights – The Essentials,” for Langdon Title Company, New York, New York, October 14, 2020.

KMH succeeds in keeping individual defendant in case over opposition that new claim was defective and jurisdiction was lacking, September 2020 — a New York state trial court recently ruled in favor of KMH’s client, a textile supplier, on a motion to amend its complaint to assert a new claim against the owner of a corporate customer who had purchased goods from KMH’s client under a supply contract. When the customer defaulted on about $1.5 million it owed for goods supplied, KMH brought suit for its client.

The court previously had upheld breach of contract claims against the corporation but dismissed fraud claims asserted against the corporation’s owner. Afterwards, the company went bankrupt and dissolved. KMH then uncovered new information showing that the owner had misrepresented his company’s financial condition to induce KMH’s client to enter into the supply contract. KMH sought to amend the complaint to allege these facts and a new claim for fraud against the owner. Defendants opposed, asserting that the claim was legally deficient.

The court addressed the thorny issue of when a statement constitutes a misrepresentation of “present fact” that sustains fraud vs. a statement about “future intent” that is legally insufficient. The court accepted KMH’s argument that the owner’s statements made in connection with the contract “intentionally gave [KMH’s client] the false impression of the company’s ability to pay.” The Court thus allowed the new fraudulent inducement claim. Read more

Speaking Engagement, Scott M. Himes, “Taking & Defending Depositions: Strategic Tips & Techniques,” for the New York City Bar Association, New York, New York, June 1, 2020. Of particularly timely significance, Scott’s presentation included “The ‘Virtual’ Deposition.” He has conducted several virtual depositions during the Covid-19 crisis.

Senior Counsel joins KMH. Rachel K. Marcoccia joined the firm in March 2020 as Senior Counsel. Rachel is a graduate of Georgetown University Law Center, and she is a member of the New York and District of Columbia Bars. Most recently, Rachel was Senior Counsel at the New York City Law Department where she defended the City of New York and advised the City’s agencies in a broad array of litigation in New York federal and state courts. Prior to her public service, Rachel was Counsel in the New York office of Reed Smith LLP where she represented multinational companies and other corporate clients and individuals in complex commercial disputes. Her depth and breadth of litigation experience in the public and private sectors brings additional strength to KMH. Click here to read Rachel’s bio.

KMH wins trial verdict for client in long-running shareholder/co-op board dispute, March 2020 — a New York state court recently issued a written Decision After Trial finding in favor of KMH’s client on her claims for breach of fiduciary duty and breach of contract against her Manhattan co-op’s board of directors. The claims arose from the board’s refusal to approve the client’s proposed buyers for the sale of her unit in the building. The co-op’s proprietary lease provided, as is common for Manhattan co-ops, that the board could refuse to approve a shareholder’s sale for “any reason and no reason.” The board also invoked the “business judgment rule,” which generally protects corporate decision-making from judicial review. KMH proved that the board acted in bad faith, thereby overcoming the board’s defenses. Read more

New Senior Counsel joins KMH. Jeffrey Dine joined the firm in January 2020 as Senior Counsel. Jeffrey is a graduate of the University of Michigan Law School and a member of the New York and New Jersey Bars. Jeff comes to KMH having practiced for many years at a well-regarded Financial District law firm where he represented private and public companies, hedge funds, banks and individuals in complex and international corporate and commercial litigation and arbitration. Listed as a Super Lawyer in Business Litigation in Metro New York, Jeffrey brings additional strength to KMH’s expanding litigation practice. Click here to view Jeff’s bio.

Speaking Engagement, Scott M. Himes, “The ‘How To’ of Successful Motion Practice: Practical Advice and Tips,” for the New York City Bar Association, New York, New York, December 2, 2019.

Several KMH Attorneys Again Named Super Lawyers. In September 2019, Partner Scott Himes was again selected to 2019 New York Metro Super Lawyers in Business Litigation. Published annually, Super Lawyers selects the top five percent of leading professionals in a geographic area who have attained a high degree of peer recognition, as well as excellence in their practice area.

Two KMH associates, Justin Weitzman and Scott Koop, also were recognized (as in past years) in 2019 New York Metro Super Lawyers, as Rising Stars in Real Estate.

Publication, Scott M. Himes, “Don’ts and More Don’ts of Taking Depositions,” New York Law Journal, September 13, 2019

Speaking Engagement, Ryan O. Miller, “Think Like a Lawyer When Conducting Diligence,” for Berkshire Hathaway Home Services New York Properties, New York, New York, July 23, 2019

New attorney for KMH. Briana Vargas, who has worked with KMH since she was a law school student, was admitted to the New York Bar in June 2019, and became our newest associate. She is a recent graduate of St. John’s University School of Law. Briana adds depth to all facets of KMH’s practice. Click here to view her bio.

KMH’s office relocation. KMH moved to new offices in June 2019, relocating to 40 Fulton Street in lower Manhattan’s financial district. Our new offices are conveniently located very near public transportation, and our attorneys are “walking distance” to the New York City courthouses. The move gives KMH more space for its current lawyers and staff, equipped with state of the art technology, and also will accommodate the ongoing growth of the firm’s practice. Click here for full contact and location information.

KMH wins reversal in case clarifying rights for commercial real estate brokers in the New York City area to recover unpaid commissions, May 2019 – KMH’s clients, a commercial real estate broker and his firm, sued a developer and related entities who refused to honor an oral contract promising to hire KMH’s clients as the exclusive brokers for a planned luxury condominium development in the NoMad section of Manhattan. Read more

KMH succeeds on appeal establishing important precedent that permits a condo board to hold a sponsor’s representative liable individually for the sponsor’s wrongdoing, February 2019 – After discovering serious construction defects in its building, KMH’s client, a Manhattan condominium board, sued the limited liability company sponsor who developed the property, as well as others involved in the project. Read more

KMH prevails for client on appeal in significant shareholder/co-op board dispute, January 2019 – a New York State appellate court recently found in favor of KMH’s client, permitting her claims for breach of fiduciary duty and other wrongdoing against a Manhattan co-op board to proceed to trial. Read more

Speaking Engagement, Bryan W. Kishner, “Use of the NYC ACRIS System,” for Exit Realty Landmark, New York, New York, December 10, 2018

Speaking Engagement, Bryan W. Kishner, “ACRIS and Other Real Estate Resources,” for Assured Abstract Services, Continuing Education Course, New York, New York, November 6, 2018

Speaking Engagement, Bryan W. Kishner, “Air Rights Owning a Piece of the Sky,” for Langdon Title Company, Continuing Education Course, New York, New York, November 1, 2018

Several KMH Attorneys Again Named Super Lawyers. Partner Scott Himes was selected to New York Metro Super Lawyers in Business Litigation for 2018. Scott has been selected for Super Lawyers each year for many years. Published annually, Super Lawyers selects the top five percent of leading professionals in a geographic area who have attained a high degree of peer recognition, as well as excellence in their practice area.

Justin Weitzman and Scott Koop, both KMH associates, also were recognized in 2018 New York Metro Super Lawyers, as Rising Stars in Real Estate.

Publication, Scott M. Himes, “Pointers for Drafting an Effective Appellate Brief,” New York Law Journal, September 24, 2018

New associate joins KMH. Matthew Blum joined the firm as its newest lawyer in August 2018. Matt brings a wealth of litigation experience to KMH, including significant trial work. Click here to view his bio.

KMH wins case on summary judgment for client, June 2018 — a New York State trial court recently awarded summary judgment to KMH’s client, a corporate “member” of a limited liability company, on its claim against an accounting firm for misuse of the LLC’s funds. The amount awarded was a significant seven-figure sum. The ruling is particularly noteworthy because, while KMH’s client sued derivatively on behalf of the LLC, the court awarded judgment in favor of the firm’s client, rather than the LLC itself, due to wrongdoing by others associated with the LLC. Scott Himes handled the representation from its commencement in 2015 through the June 2018 argument on the motion. The case is Human Nature Las Vegas Inc. v. Scott Gildea, Gildea & Ivanis LLP and Daniel Choueka, Index No. 653611/2015, Supreme Court of the State of New York, County of New York (Justice Melissa A. Crane).

Speaking Engagement, Scott M. Himes, “The ‘How To’ of Successful Motion Practice: Practical Advice and Tips,” New York City Bar Association, Continuing Legal Education program, May 23, 2018

Publication, Scott M. Himes, “The Essence of Litigating Successfully: ‘Communicating Your Story Credibly,'” New York Law Journal, May 8, 2018

Speaking Engagement, Bryan W. Kishner, “Never Lose A Deal,” for Cornerstone Land Abstract, Continuing Education Course, New York, New York, March 15, 2018

Speaking Engagement, Bryan W. Kishner, “Townhouse, Condominium and Cooperative Due Diligence,” for Assured Abstract Services, LLC, Continuing Education Seminar, New York, New York, November 17, 2017

KMH adds new associate. In October 2017, Morgan Maples joined the firm as our fifth associate. Morgan adds to the firm’s depth in both our real estate and litigation practice capabilities. Click here to view her bio.

KMH Lawyers Named Super Lawyers. In October 2017, Scott M. Himes was selected to 2017 New York Metro Super Lawyers in Business Litigation. He has been selected for Super Lawyers annually for many years. Published annually, Super Lawyers selects the top five percent of leading professionals in a geographic area who have attained a high degree of peer recognition, as well as excellence in their practice area

For the second consecutive year, Justin Weitzman was recognized in 2017 New York Metro Super Lawyers, Rising Stars, in Labor & Employment Law

Joseph Loloi was also recognized in 2017 New York Metro Super Lawyers, Rising Stars, in Real Estate

Speaking Engagement, Bryan W. Kishner, “Townhouse, Condominium and Cooperative Due Diligence,” for Wells Fargo and Assured Abstract, LLC, September 11, 2017

Speaking Engagement, Bryan W. Kishner, “Working with Your Attorney: Practical Tips for a Quick Contract Signing and Easy Closing,” for Langdon Title Agency, Continuing Education Seminar, New York, New York, November 10, 2016

Speaking Engagement, Bryan W. Kishner, “The New York Real Estate Transaction – Everything You Need to Know from Pre-Contract to Closing,” for Langdon Title Agency, Continuing Education Seminar, New York, New York, October 27, 2016

Publication, Scott M. Himes, “The CFTC Turns to Insider Trading Enforcement,” The Journal of Investment Compliance, July 2016

Publication, Scott M. Himes, “‘Modified’ Business Judgment Rule for Going-Private Transactions,” New York Law Journal, May 24, 2016

Speaking Engagement, Bryan W. Kishner, “Investing in Condominium and Cooperative Apartments – The Purchase & Sale of Residential Property in New York,” for Wells Fargo and Title Vest Agency, May 19, 2016

Publication, Scott M. Himes, co-author, “Courts Allow States to Regulate Out-of-State Internet Financial Services Providers,” Conference on Consumer Finance Law, Quarterly Report, Vol. 69, No. 1, April 2016

Speaking Engagement, Bryan W. Kishner, “The New York Real Estate Transaction: What You Need to Know from Pre-Contract to Closing,” for Langdon Title Agency, Continuing Education Seminar, New York, New York, March 31, 2016

Publication, Scott M. Himes, co-author, “The Quagmire of the ‘Dual Fiduciary,'” New York Law Journal, March 24, 2016

Publication, Scott M. Himes, “Best Practices For Motions Brief Writing: Part 2,” Law360, March 7, 2016

Publication, Scott M. Himes, “Best Practices For Motions Brief Writing: Part 1,” Law360, March 4, 2016

Speaking Engagement, Bryan W. Kishner, “Condominium Offering Plans: A Broker’s Perspective,” for Langdon Title Agency Continuing Education Seminar, New York, New York, October 29, 2015

Speaking Engagement, Bryan W. Kishner, “New Condominium Development Rights Issues,” in conjunction with MANAR/TitleVest Agency, New York, New York, October 29, 2015

Speaking Engagement, Bryan W. Kishner, “New Condominium Development and Its Unique Issues,” for Langdon Title Agency Continuing Education Seminar, New, York, New York, September 17, 2015

Speaking Engagement, Bryan W. Kishner, “Owning the Sky in New York: Fundamentals of Zoning Lot Mergers and Transfers of Development Rights in New York City,” Bond Brokerage Company, New York, New York, August 13, 2014

Speaking Engagement, Bryan W. Kishner, “Real Estate Matters: Unique Issues in New Condominium Construction,” for TitleVest Agency Continuing Education Seminar, New York, New York, June 12, 2014

Speaking Engagement, Bryan W. Kishner, “The Contract of Sale: How to Think Like an Attorney,” for Langdon Title Agency Continuing Education Seminar, New York, New York, March 12, 2014

Speaking Engagement, Bryan W. Kishner, “Development Rights: The Essentials,” for TitleVest Services Continuing Education Seminar, New York, New York, March 6, 2014

Speaking Engagement, Bryan W. Kishner, “Condominium Essentials,” for TitleVest Agency Continuing Education Seminar, New York, New York, February 26, 2014

Publication, Scott M. Himes, “The Amorphous ‘Personal Benefit’ Requirement for Insider Trading Tipping Liability,” Bloomberg BNA Securities Regulation & Law Report, October 21, 2013