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New York Law Journal

Deterrence in an Age of Dwindling Enforcement

In his Tax Litigation Issues column, Jeremy H. Temkin writes: In recent years, the Internal Revenue Service's dwindling budget has decreased the number of tax investigations and prosecutions, heightening questions regarding the effectiveness and fairness of predicating deterrence on ratcheting sentences even higher as opposed to increasing the likelihood of detection.
9 minute read

New York Law Journal

Discoverability of Non-Public Information on Social Media

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Forman v. Henkin', a unanimous decision in which the court held that the normal rules of discovery applied to a party's social media posts and the mere fact that certain information had been designated “private” did not require a higher or different discovery standard.
6 minute read

New York Law Journal

Litigation Funding in Bankruptcy Court: An Essential Tool for Maximizing the Value of the Debtor's Estate

Third-party litigation funding promises to become a more regular feature in bankruptcy litigation, just as it has become more prevalent in general civil litigation. To this point, the Bankruptcy Code has proven flexible enough to address this phenomenon.
12 minute read

Corporate Counsel

SEC Issues Cybersecurity Guidance to Public Companies

A majority of large public companies currently use risk factor disclosures to highlight cybersecurity risks. In the Commission's view, this approach may be insufficient.
8 minute read

New Jersey Law Journal

The Barton Doctrine and Trustee Immunity

When faced with a suit for actions taken in the course of a trustee's appointment, the trustee should first consider whether the plaintiff complied with the Barton Doctrine.
10 minute read

New Jersey Law Journal

IPR Petitions as a Tool in Settlement Discussions

A well-drafted petition for inter partes review signals to a patent owner that it has something to lose, should discussions be unsuccessful.
7 minute read

New York Law Journal

Courts Provide Guidance on What Constitutes a 'Regular and Established Place of Business' for Venue Purposes in Patent Infringement Actions

Intellectual Property Litigation columnists Lewis R. Clayton and Eric Alan Stone report on the post-'Cray' landscape and provide guidance for practitioners.
8 minute read

New York Law Journal

Improving Law Enforcement Training and Interviewing Skills When Investigating Pre-Teens and Adolescents

Just as the medical profession has created pediatrics and adolescent medicine to address the unique needs of these age groups, law enforcement agencies need to train and guide law enforcement officials to handle cases with youth with the skills, resources, and information necessary to avoid results leading to severe miscarriages of justice resulting in traumatic impacts.
10 minute read

New York Law Journal

The Labor Law's Plain Words

The Court of Appeals repeatedly teaches that where statutory language is clear and unambiguous, effect is to be given to the plain reading of the words used. The lesson no less serves Labor Law-based actions. Treatment of the subject necessitates questionings.
8 minute read

The Recorder

The US Senate Is on Track to Pass the Section 230 Bill. Here's What You Need to Know.

The legislation alternately known as SESTA and FOSTA has gone through multiple iterations. Depending on who you talk to, the latest version is either a welcome compromise or the "worst of both worlds" for internet companies.
6 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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