New York Law Journal | Expert Opinion
By Robert A. Schwinger | May 22, 2023
Utah recently passed novel legislation granting "decentralized autonomous organizations"—often referred to as "DAOs"—their own recognized form of legal existence and providing for limited liability. This new kind of legal entity has several distinctive attributes, including some intended to help DAO members remain anonymous. But questions loom about how Utah's hopes for DAO member anonymity will fare when they come up against recently adopted provisions under U.S. federal law that seek to promote transparency by forcing disclosure of the individuals who stand behind legal entities. Can this seeming conflict be resolved? Can the autonomous ultimately remain anonymous?
New York Law Journal | Expert Opinion
By Matthew Biben and Jamie Dycus | May 19, 2023
A discussion on how the Consumer Financial Protection Bureau has doubled down on its aggressive approach to bringing enforcement actions that challenge allegedly abusive acts and practices.
New York Law Journal | Expert Opinion
By Evan T. Barr | May 18, 2023
In the wake of the recent indictment of Representative George Santos on 13 counts of wire fraud, money laundering, theft and false statement crimes in the Eastern District of New York, some journalists have speculated as to whether Santos might try to negotiate a plea bargain where he would offer to resign from his office in exchange for a reduction in the severity and/or number of charges he is facing. But under an obscure Eastern District decision, a court might well invalidate any such deal as a violation of the separation of powers doctrine.
New York Law Journal | Expert Opinion
By Stephen M. Kramarsky and John Millson | May 15, 2023
Over the past few months, AI voice tools have been more widely released, and they work. It is trivial to use them to create a track that sounds, to the casual listener, like it was recorded by the famous artist of your choosing, and the micro-genre of AI-generated "covers" of existing songs by anomalous artists (or other public figures, like President Biden) has exploded on TikTok. So what legal recourse, if any, do these artists have?
New York Law Journal | Expert Opinion
By Andrew S. Kaufman and Betsy D. Baydala | May 12, 2023
An argument for imposing time limits at trial by two attorneys who recently tried a case in the Southern District where the judge did just that.
New York Law Journal | Expert Opinion
By Carmen Jack Giordano | May 11, 2023
A recent NLRB decision, McLaren Macomb changes the landscape for including confidentiality and non-disparagement clauses in pre-filing employment severance and settlement agreements. This article discusses the important decision, its impact on settlement negotiations and provides practical suggestions for employment attorneys negotiating pre-suit settlements.
New York Law Journal | Expert Opinion
By Adam J. Levitt | May 1, 2023
Arguing Class Actions is a monthly column for the National Law Journal.
New York Law Journal | Expert Opinion
By Michael J. Passarella | May 1, 2023
On May 11, 2023, the nationwide COVID-19 public health emergency and the national emergency declaration, each first declared in early 2020, will officially end. This article looks at the impact this will have on employers as they review their COVID and office protocols to determine if they should make changes to their current policies.
New York Law Journal | Expert Opinion
By Mark A. Berman | May 1, 2023
In his Virtual Lawyering column, Mark Berman highlights several cases to discuss how cloud storage platforms can create litigation issues for the unwary.
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | April 25, 2023
The enactment of the new conservation easement law adds further restrictions to an area of the tax law that was already rife with potential pitfalls. But on the positive side, the new IRS safe harbor language provides some taxpayers who may have deficient conservation easements with a unique but short-lived opportunity to correct those mistakes.
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