New York Law Journal | Expert Opinion
By Andrew Lavoott Bluestone | April 21, 2023
The term "legal malpractice" is loosely used, not only by the public but by attorneys as well. Here, author Andrew Lavoot Bluestone discusses the four elements of legal malpractice: Departures, Proximate Cause, "But For" Issues and Ascertainable Damages.
New York Law Journal | Expert Opinion
By Peter A. Halprin and Tae Andrews | April 20, 2023
Amazon is the first major corporation to be hit with a lawsuit for failing to comply with New York City's Biometric Privacy Act, which prohibits businesses from collecting biometric identifiable information without first posting a clear and conspicuous sign at customer entrances. "If certified, thousands of customers would be able to pursue countless claims against Amazon, and the potential for massive damages is high," say authors Peter Halprin and Tae Andrews.
New York Law Journal | Expert Opinion
By Myrna Barakat Friedman | April 18, 2023
A discussion of the appeal of arbitration for technology related matter and the potential challenges it presents for arbitrators, and a look at the legal and regulatory landscape arbitrators will navigate when faced with cases involving new technologies.
New York Law Journal | Expert Opinion
By Thomas E.L. Dewey | April 14, 2023
In his Settlement and Compromise column, Thomas E.L. Dewey discusses the case 'Garmashov v. United States Parachute Association,' which he uses as a"reminder to practitioners and clients alike that, if a party's agreement to settle is contingent on a yet-to-be resolved settlement term, that position must be communicated explicitly and frequently."
New York Law Journal | Expert Opinion
By Samuel Butt and Michael Brodlieb | April 13, 2023
This column reports on several significant representative decisions handed down recently in the U.S District Court for the Eastern District of New York. Judge Gary R. Brown denied plaintiffs' motion for a preliminary injunction regarding New York State's gun licensing and use laws. Judge Frederic Block denied a motion to dismiss product liability claims concerning TRESemmé products, and Magistrate Judge James M. Wicks rejected a settlement under the FLSA as overbroad with insufficient support to determine reasonableness.
New York Law Journal | Expert Opinion
By Lara Flath and Judy Flumenbaum | April 12, 2023
In their Corporate Litigation column, Lara Flath and Judy Flumenbaum discuss how New York courts assess whether or not a corporation is an alter ego of an individual and the potential implications for personal jurisdiction.
New York Law Journal | Expert Opinion
By Katie Cheng and William Jackson | April 12, 2023
A discussion of the Centers for Medicare & Medicaid Services' recent focus on promoting patient care by removing unnecessary obstacles to prior authorization—a process that requires healthcare providers to obtain advance approval of products and services to be paid by insurers.
New York Law Journal | Commentary|Expert Opinion
By David B. Saxe | April 10, 2023
Judge Saxe writes: "In my view, the objection to Justice LaSalle's appointment was misguided. For this reason, it is my purpose in this article to remind readers, and those who objected to LaSalle's appointment, that a number of former prosecutors have served on the Court of Appeals and, during their tenure, have demonstrated a sturdy and thoughtful approach to the rights of criminal defendants."
New York Law Journal | Expert Opinion
By Shana De Caro and Michael V. Kaplen | April 10, 2023
The assessment of wrongful death damages is not as straightforward as one may expect.
New York Law Journal | Expert Opinion
By Robert Z. Dobrish | April 4, 2023
In New York with the popularity of mental health professionals and the advent of AFCs, the appearance of guardian ad litem's or "GALs" in custody cases has diminished significantly. Unfortunately, so has the notion of due process of law.
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