New York Law Journal | Analysis
By Benjamin Daniels, Jennifer Driscoll and Sabrina Galli | May 10, 2024
The SEC has now announced that it has settled its first enforcement actions involving AI. Two investment advisors recently agreed to pay civil fines to the SEC for misstatements about AI technology. This signals a new era of SEC enforcement.
New York Law Journal | Analysis
By Ethan Greenberg and Thomas Dupont | May 10, 2024
The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.
New York Law Journal | Analysis
By Casey Laffey, Zachary Kaye and Alexander Borman | May 10, 2024
This article describes strategic considerations relating to collection that parties should weigh at the onset of any dispute, and tools that prevailing parties can later use to secure monetary awards. It then presents examples of prevailing parties weighing those considerations and employing those tools to receive what they are owed.
New York Law Journal | Analysis
By Sarah E. Phillips and Bryce L. Friedman | May 10, 2024
The U.S. Supreme Court's decision in 'Badgerow v. Walters' has made it less predictable whether federal courts will find the amount-in-controversy requirement for diversity jurisdiction has been satisfied.
New York Law Journal | Analysis
By Stephen L. Ascher, Jason P. Hipp, Melissa Fedornak and Dylan Madoff | May 10, 2024
This article provides insight, from a litigator's perspective, into how four key no-shop drafting decisions can impact the outcome of a litigation: duration, scope, choice of law and remedy.
New York Law Journal | Analysis
By Michael B. Gerrard | May 10, 2024
On March 6, 2024, the SEC issued its final rule that notably eliminated Scope 3 disclosures by public companies—but companies that don't want to make these disclosures should not rejoice, as new requirements from both California and Europe do mandate this information and apply to most large companies operating in the United States.
The American Lawyer | Analysis
By Andrew Maloney | May 10, 2024
"The way the market is structured and has been structured for a long time, it's not really a question of growing productivity, it's how do we mitigate the contraction of productivity?" said Bill Josten, strategic content manager for Thomson Reuters.
By Michael McLaughlin and Andria Adigwe | May 9, 2024
As the focus on protecting personal data continues to grow with the ever-widening adoption of artificial intelligence (AI) tools, exponential increases in the number and breadth of data breaches, and growing awareness of the risk posed by data brokers, the time appears right for a U.S. federal data privacy regulation to succeed in Congress. But is the new American Privacy Rights Act that regulation?
New York Law Journal | Analysis
By Richard S. Fries | May 9, 2024
This two-part series examines several options for the commercial real estate loan in distress. As the second installment of this series, this article identifies and examines a more creative approach, one which right-sizes the loan and the underlying real estate and resets value for today's market.
The American Lawyer | Analysis
By Dan Roe | May 9, 2024
Law students are increasingly interested in law firms' political and moral positions.
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