February 03, 2023 | New York Law Journal
Keeping Pace With Dispersed Technology: Legal, Compliance and Operational ChallengesLegal and Compliance must keep pace with this dispersed technology landscape in order to implement and enforce appropriate controls to ensure compliance with privacy, security, regulatory and legal requirements.
By Anthony Diana, Therese Craparo, Kiriaki Tourikis, Samantha Walsh and Karim Alhassan
7 minute read
February 03, 2023 | New York Law Journal
The Western District Sets Precedent for Insurance Defense and IndemnificationThis column explores a pending case, 'American Precision Industries v. Federal Insurance Co.', that may set significant precedent in New York concerning insurance defense and indemnification.
By Riane F. Lafferty
9 minute read
February 02, 2023 | New York Law Journal
Once More Unto the BreachJoint and survivor bank accounts, among the most common forms of ownership of property, have generated a raft of contested proceedings in our courts with problematic results. The latest proposed solution to the litigation, an amendment to Banking Law §675 suggested by the OCA Advisory Committee on Surrogate's Practice, is the topic of this column.
By Renee R. Roth and William P. LaPiana
10 minute read
February 02, 2023 | New York Law Journal
Of Burdens and Hatch CoversIn this edition of his Construction Accident Litigation column, Brian Shoot discusses two unrelated issues. Each figured in rulings rendered in, respectively, November and December of 2022. One issue arises when a plaintiff moves for summary judgment under Labor Law §240. The other issue, which arises far less frequently, is whether a falling hatch cover (or similar object) may qualify as a "falling object" within the scope of Labor Law §240.
By Brian J. Shoot
16 minute read
February 02, 2023 | New York Law Journal
Tyre Nichols: Blood on the Hands of the Supreme Court and the New York Court of AppealsDespite expressly acknowledging the risk of race-based stops, the Supreme Court and the New York Court of Appeals have given police free rein to stop vehicles no matter the officers' actual motivation so long as they can point to a traffic infraction. This unchecked authority is directly responsible for tragedies like the beating death of Tyre Nichols.
By Christopher Dunn
10 minute read
February 01, 2023 | New York Law Journal
Attorney-Client Privilege: 2022 Instructive DecisionsDue to the importance of the privilege, keeping abreast of judicial decisions construing these elements, waiver rules and exceptions is a must for New York attorneys. Last year there were several notable privilege decisions discussing these elements which prompts this column.
By Michael J. Hutter
12 minute read
February 01, 2023 | New Jersey Law Journal
Collaborative Practice Is Another Valuable ToolCollaborative practice is a valuable arrow in the quiver of Alternative/Complementary Dispute Resolution.
By Andrea C. Mackaronis
2 minute read
February 01, 2023 | New York Law Journal
Waivers of Defenses in Guaranties: Unconditional or Unenforceable?The key takeaway from the appeal court's analysis is obvious. Although waiver language can be broadly written, a waiver of defenses associated with standard guaranty "absolute and unconditional" language may not, in and of itself, waive a defense based on the statute of limitations.
By Barbara M. Goodstein
8 minute read
January 31, 2023 | New York Law Journal
California Sale-of-Business Non-Compete AgreementsIn this edition of his Employment Law column, Nicholas J. Pappas discusses California law governing sale-of-business non-competes and the case law addressing the nature of the ownership interest that the seller must transfer for the sale-of-business rules to apply. He also analyzes the Federal Trade Commission's recently published proposed rule banning post-employment non-competes.
By Nicholas J. Pappas
10 minute read
January 31, 2023 | New York Law Journal
What I Wish I Knew Then: Jeff RobbinsThe best young associates are the ones who, early on, think of the case as their own.
By Steve Cohen
12 minute read
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