December 15, 2022 | New York Law Journal
Medicaid Reform and Puerto Rico: A Fiscal and Public Health Disaster That Needs Federal InterventionEach budget year Puerto Rico starts with a budget deficit because of the federal formula for Medicaid funding.
By Carlos J. Cuevas
8 minute read
December 14, 2022 | New York Law Journal
Successor Liability for Taxes: 'ACI Construction'The potential for enforcement of a transferor's tax obligations against its transferee is demonstrated by 'ACI Construction, LLC v. United States', a recent decision of the U.S. District Court for the District of Utah.
By Elliot Pisem and David E. Kahen
7 minute read
December 14, 2022 | New Jersey Law Journal
NJSBA: Increasing Required Pro Bono Hours Could Do More Harm Than GoodThe NJSBA recognizes the ongoing need to provide high quality, affordable legal services to the public. But there are better ways than demanding more pro bono work from attorneys.
By Jeralyn L. Lawrence
4 minute read
December 13, 2022 | New York Law Journal
Admissibility and Discovery of an Expert's Compensation HistoryThe Court of Appeals needs to resolve the Appellate Division split and provide guidance as to the extent of permissible discovery, if any at all. The court would do no wrong to follow 'Loiselle' and 'Beaudette'.
By Michael J. Hutter
13 minute read
December 13, 2022 | New York Law Journal
SolarWinds: Lessons for Defending Boards in the Aftermath of Cyber AttacksThere is no doubt that cyber attacks are here to stay and that companies will continue to face lawsuits as a result of being hacked. Although consumer and shareholder class actions have traditionally been the focus of the plaintiffs' bar in this area, derivative lawsuits are on the rise.
By Margaret A. Dale and Mark D. Harris
7 minute read
December 13, 2022 | New York Law Journal
Court-Appointed GALs in Child Custody Cases: Are They Constitutional?This article posits that, where the appointment of a GAL is on behalf of the court, rather than to represent what the child wants as a party to the action, the appointment creates a circumstance that may be unconstitutional and a violation of an individual party's rights.
By Toby Kleinman and Daniel Pollack
12 minute read
December 12, 2022 | New York Law Journal
LitigationIn this Special Report: "Private Judges: How New York Can Unclog the Backlog," "Judgment Enforcement in the New Age of Digital Assets," "Foreign Country Money Judgment Actions Now Face Due Process Hurdle in New York," "The No Contact Rule: Common Scenarios and Best Practice" and "Litigation Proliferation Adds to Court Backlog."
By Angela Turturro
2 minute read
December 12, 2022 | New Jersey Law Journal
BAR REPORT - Dec. 12, 2022This week's Capitol Report (Amicus brief addresses access to Facebook messenger exchanges); Elder law trends explored in 'New Jersey Lawyer'; NJSBA President reflects on first six months of her term; NJSBF debuts annual art show winners.
By New Jersey State Bar Association
7 minute read
December 12, 2022 | New York Law Journal
If an Organization Exists Only in Computer Code, Can It Be Sued?This article will discuss how the cryptocurrency industry created DAOs and how they function. It will then explain how U.S. District Court Judge William W. Orrick permitted a unique use of technology to effectuate service.
By Peter Brown
7 minute read
December 12, 2022 | New York Law Journal
Summary Witnesses and Due ProcessFederal courts must start enforcing the language of FRE 1006 and permit parties only to use charts to summarize evidence as aides rather than elicit testimony from live witnesses that merely recite the selected portions on the prepared demonstrative exhibit.
By Paul Townsend
4 minute read
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