November 14, 2022 | New York Law Journal
Court of Appeals Tolls Bell for Unclear Attorney Fees ProvisionsWriting in clear, plain language that the party is entitled to recover attorney fees in any situation will help to avoid potential litigation.
By Joseph D. Nohavicka
8 minute read
November 14, 2022 | New York Law Journal
The Impact of Judge Cecelia G. MorrisJudge Morris has had an enormous impact on the practice of law in the United States, and her impact on the American legal system is indisputable.
By Carlos J. Cuevas
5 minute read
November 14, 2022 | New York Law Journal
Equity Compensation Must Be Protected as WagesStates are divided as to whether these stocks, vested or unvested, constitute wages. While federal law prohibits employers from improperly withholding employee wages, it does not protect equity compensation.
By Ryen Lim
8 minute read
November 14, 2022 | New York Law Journal
Thumbs Up or Thumbs Down: New York Court Analyzes Meaning and Impact of Emoji in Contract NegotiationsThe law in this area is likely to get more complicated before it gets simpler. The 'Lightstone' case shows that even a relatively simple emoji, with relatively straightforward meaning, can lead to a nuanced analysis.
By Stephen M. Kramarsky and John Millson
9 minute read
November 14, 2022 | Law.com
Eighth Circuit: City Ordinance Did Not Violate First Amendment Rights of Persons Who Provided Free Sandwiches to Unhoused PersonsThe U.S. Court of Appeals for the Eighth Circuit upheld a City of St. Louis ordinance requiring a permit for the distribution of "potentially hazardous food" against a Free Speech challenge brought by persons who, as part of their charitable and religious practice, gave food to unhoused persons.
By John Baker and Kate Swenson
5 minute read
November 14, 2022 | New York Law Journal
Limits on Interrogatories in Matrimonial ActionsInterrogatories have been a cost-effective disclosure device used in matrimonial actions, before or instead of depositions, especially where the parties have limited financial resources.
By Joel R. Brandes
14 minute read
November 14, 2022 | New Jersey Law Journal
BAR REPORT - Nov. 14, 2022In this week's Bar Report: NJSBA-drafted bill on elective spousal share clears assembly; Top state policy makers to headline climate change conference; Manasquan husband and wife attorneys host charity polar plunge, raising $1.2 million; Hundreds gather at Mid-Year Meeting for fun, sun and learning; and NJSBA seeks feedback on attorney wellness.
By New Jersey State Bar Association
9 minute read
November 14, 2022 | New York Law Journal
What Is a Special Master? The Use of Special Masters in New York CourtsIn complex litigation, the use of Special Masters, or referees as they are sometimes called in New York state court, is pervasive and can be strategically utilized to the benefit of the parties and the court alike.
By Victoria Corder and Felice Galant
8 minute read
November 14, 2022 | New York Law Journal
Bankers Beware: The Judicial Divide Over Customary Investment Banking FeesOver the past few decades, a deep split has developed between New York's state and federal courts over the enforceability of fee provisions incorporating general commercial practice. The First Department has upheld them, but federal judges in the Southern District have invalidated them as unenforceable "agreements to agree."
By Curtis Leitner, Peter Gennuso and MarcAnthony Bonanno
8 minute read
November 14, 2022 | New York Law Journal
Welcome Clarity: The Priority of Coverage in Construction-Accident CasesWe were overdue for a decision clarifying the roles of the employers-liability and excess carriers in a case involving a "grave injury." In 'Bosquez v. RXR Realty', the First Department helpfully offered one.
By Kevin Szczepanski
6 minute read