February 10, 2023 | New York Law Journal
Gabby Petito: When an Attorney Publicly CommentsHow far can a lawyer go in protecting the client in the court of public opinion?
By Joel Cohen and James L. Bernard
6 minute read
February 10, 2023 | New York Law Journal
Child Custody and the Status Quo AnteWhen parents separate, absent contraindications, the roles of the parents should continue as much as possible. Why? For the stability of the children, and because the way the parents have allotted their respective roles—absent domestic violence—indicates that the status quo ante should be presumed to be in their child's best interests.
By Toby Kleinman and Daniel Pollack
5 minute read
February 10, 2023 | New Jersey Law Journal
Third Circuit to J&J: "Chapter 11 is appropriate only for entities facing financial distress."The LTL bankruptcy filing snatched hope for justice from the innocent injured and has left many in despair. The Third Circuit has taken the important first step to correct what never should have been permitted.
By Christopher M. Placitella
6 minute read
February 10, 2023 | New York Law Journal
The Wide-Ranging Impacts of the FTC's Proposed Non-Compete Clause RuleThe Proposed Non-Compete Clause Rule would prevent employers from entering into non-compete clauses in employment contracts and would require employers to inform current and former employees that existing non-competes are invalid. It is difficult to overestimate the effect this rule would have on thousands, if not millions, of non-compete agreements in employment contracts today.
By Karen Hoffman Lent and Kenneth Schwartz
10 minute read
February 10, 2023 | New York Law Journal
How To Modernize an Appellate Court in Five Years"With a heavy heart, I announce that I will be stepping down on March 17. While I love this job, I look forward to pursuing other interests and passions, being unconstrained by my status as a judge and again able to engage in the private practice of law and in robust discussions over the role of the judiciary in defending democracy."
By Rolando T. Acosta
10 minute read
February 10, 2023 | New York Law Journal
Fashion Model's Privacy Claims Arising From Internet PostingsPlaintiff filed suit in the Southern District of New York alleging violation of her right to "privacy" and/or "publicity" under §§50 and 51 of the New York Civil Rights Law. Her additional claims included violation of the Lanham Act, 15 U.S.C. §1051, unfair competition, breach of contract and fraud.
By Peter Brown
6 minute read
February 09, 2023 | New York Law Journal
Lack of Jurisdiction, Rulings Concerning 'Crime of Violence'In this edition of their Eastern District Roundup, Samuel Butt and Michael Brodlieb report on several significant representative decisions, including: granting a motion to dismiss for lack of subject matter jurisdiction because claims were not brought under the Administrative Procedures Act; finding jurisdiction lacking over a pro se complaint seeking review of an order under the Perishable Agricultural Commodities Act; and rulings concerning whether crimes fell within the "crime of violence" definition under 18 U.S.C. §924(c).
By Samuel Butt and Michael Brodlieb
9 minute read
February 08, 2023 | New York Law Journal
New York City's AEDT, Part 2: Further Modifications, Additional Demands for Clarity and Delayed EnforcementIn late December 2022, the DCWP issued an updated set of proposals and clarifications related to the AEDT.
By Ian Carleton Schaefer, Brad Raboin and Avi Gholian
5 minute read
February 08, 2023 | New York Law Journal
The New Gray Zone? A Potentially New Approach to Attorney-Client Privilege in Internal Investigations for Current Employees Who Have Given NoticeThe First Department's holding in 'BDO' is one that corporations and outside counsel conducting internal investigations and considering potential privilege issues should keep in mind.
By Lara Flath and Judy Flumenbaum
6 minute read
February 08, 2023 | Law.com
Eighth Circuit Affirms $50K Sanctions Award and Dismissal of Attorney's Suit Over Minnesota Disciplinary ProceedingsThe U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a Minnesota attorney's suit against state and private defendants, including Minnesota's board for lawyer discipline, and affirmed the $50,000 award of Rule 11 sanctions against the plaintiff–attorney.
By John Baker and Kate Swenson
5 minute read
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