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Donovan Swift

Donovan Swift

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October 21, 2024 | Texas Lawyer

Is the Texas Business Court Constitutional?

"Questions still linger about whether the new court is consistent with the Texas Constitution," write Thomas R. Phillips and Matthew M. Hilderbrand.

By Thomas R. Phillips and Matthew M. Hilderbrand

7 minute read

October 21, 2024 | The Recorder

The Ethics of Freelance Lawyering, Part 3: Aiding and Abetting the Unauthorized Practice of Law and Duty of Competence/Duty to Supervise

"An attorney's duty of competence is not limited solely to the practicing attorney, but also extends to subordinate attorneys and staff," write Erin Giglia and Laurie Rowen, founders of Montage Legal Group.

By Erin Giglia and Laurie Rowen

6 minute read

October 18, 2024 | New Jersey Law Journal

On the Move and After Hours: Connell Foley; Lindabury; Day Pitney; Archer

Connell Foley welcomes seven associates; Day Pitney shakes up leadership roles; and more moves.

By Donovan Swift

7 minute read

October 18, 2024 | New York Law Journal

Lack of Agreement on 'Implicit' Settlement Term Insufficient to Preclude Enforcement

'Javelin' is a reminder of both the limited scope of FRE 408 and the pitfalls that accompany any renegotiation of a settlement agreement.

By Thomas E.L. Dewey

7 minute read

October 17, 2024 | New York Law Journal

Claims for Deceptive Trade Practices and False Advertising

"Consumers bringing a cause of action under Section 349 or 350 thus must satisfy three elements," write Thomas J. Hall and Judith A. Archer.

By Thomas J. Hall and Judith A. Archer

10 minute read

October 16, 2024 | Texas Lawyer

Do Children's Attorneys Give a Child a Voice?

"How much weight should judges continue to give to court-appointed counsel, who have historically served as giving children a voice in the courtroom?" write Elisa Reiter, Daniel Pollack and Virginia E. Griffin.

By Elisa Reiter, Daniel Pollack and Virginia E. Griffin

11 minute read

October 16, 2024 | New York Law Journal

Termination of Status as S Corporation Shareholder

This column discusses two recent Tax Court cases and there application to status as an S corporation shareholder.

By David E. Kahen and Elliot Pisem

8 minute read

October 16, 2024 | New York Law Journal

No-Fault Insurance Law Wrap-Up: Recent Decisions Concerning New York's MVAIC Coverage

This article provides a summary of recent decisions concerning MVAIC coverage.

By David M. Barshay and Steven J. Neuwirth

9 minute read

October 15, 2024 | New York Law Journal

The 'Lincoln' Hearing and In-Camera Interview of the Child: Is There a Difference?

"The court held that although the express wishes of children are not controlling, they are entitled to great weight," writes Joel R. Brandes.

By Joel R. Brandes

12 minute read

October 14, 2024 | New York Law Journal

Communications With Non-Retained Experts May Be Subject to Disclosure

"Lehrburger explained that unlike retained experts, non-retained treating physicians 'wear a cloak of independence and lack of bias,'" write Edward M. Spiro and Christopher B. Harwood.

By Edward M. Spiro and Christopher B. Harwood

8 minute read