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The Enforceability of Automatic Orders
The purpose of the Administrative Rules at Title 22 of the New York Code of Rules and Regulations (NYCRR) is clearly to assist in the implementation of court policy and administration, as is set forth in the Preamble of the Rules of the Chief Judge: “The purpose of these standards and policies is to assign and regulate administrative authority in a complex, multi tiered court system.” Rules of the Chief Judge, Part 1. Standards and Administrative Policies: General; 22 NYCRR ' 1.0. The general powers and duties of the Chief Administrative Judge are to “supervise on behalf of the Chief Judge the administration and operation of the unified court system” and, as relevant to the issue at hand, “adopt administrative rules for the efficient and orderly transaction of business in the trial courts, including but not limited to calendar practice, in consultation with the Administrative Board of the Courts or the appropriate Appellate Divisions.” Rules of the Chief Judge, Part 80. Administrative Delegation Number 1: Chief Administrator of the Courts: General Powers and Duties; 22 NYCRR ' 80.1
The Rules of the Chief Administrative Judge ' referencing items that were governed prior to the establishment of Chief Administrator of the Courts ' are required to be consistent with the powers designated under the Rules of the Chief Judge. They state in part: “All administrative regulations, rules, orders and directives for the efficient and orderly transaction of business in the trial courts or the administrative office for the courts in effect on March 31, 1978, adopted pursuant to authority subsequently transferred to the Chief Administrator of the Courts in accordance with article VI, section 28(b) of the Constitution, including but not limited to calendar practice, establishment of hours, terms and parts of court, assignments of judges and justices to them, and designations of administrative judges, are continued in effect until superseded, repealed or modified” (emphasis added). Rules of the Chief Administrator of the Courts, 22 NYCRR ' 103.1.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?