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Kylie Marshall

Kylie Marshall

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April 18, 2024 | New York Law Journal

Suboxone: Profits Over People; Developments in Purdue Pharma Bankruptcy

This issue of the Mass Torts Update addresses the United Judicial Panel on Multidistrict Litigation ordering the consolidation of Suboxone dental injury lawsuits as centralized in the the Northern District of Ohio. It goes on to provide an update on Purdue Pharma's Chapter 11 bankruptcy case.

By Edward E. Neiger, Alexandra Robertson and Gregory Lawrence

5 minute read

April 17, 2024 | New York Law Journal

Sham Stock Sales: 'Acqis Technology v. Commissioner'

'Acqis Technology v. Commissioner' confirms the continued vitality of the doctrine in the context of an apparent scheme to evade tax with respect to proceeds attributable to the settlement of patent infringement claims.

By David E. Kahen and Elliot Pisem

9 minute read

April 17, 2024 | New York Law Journal

Pizzeria Owner Slices a Piece of the Pie for Themselves: A Warning to New York Employers Not To Keep All the Dough

Recent headlines demonstrate that New York is taking wage theft very seriously. In March 2024, the owner and a manager of Grimaldi's Pizzeria were indicted for the crime of scheme to defraud in the first degree as well as several counts of failure to pay wages in violation of New York Labor Law.

By Keith A. Markel, Alana Mildner Smolow and Kayla N. West

5 minute read

April 17, 2024 | New York Law Journal

The Great Landlord Rent Robbery

This article addresses the ongoing issue of deregulating rent-regulated apartments, including apartments in buildings receiving J-51 tax benefits, highlights some common scenarios tenant attorneys see regarding this issue, and emphasizes that it should be revisited by the Legislature.

By David Hershey-Webb

7 minute read

April 17, 2024 | New York Law Journal

Matrimonial Attorney Confuses Annulment With Declaration of Nullity of Void Marriage

Joel R. Brandes responds to Michael Liptrot's article, "Differences Between Annulment and Divorce", which the New York Law Journal published on April 8.

By Joel R. Brandes

3 minute read

April 16, 2024 | New York Law Journal

Franchising Versus No-Poach/Non-Compete Issues, Part 2

This past March, the Supreme Court allowed a proposed class action challenging McDonald's use of no-poach provisions in its franchise agreements to move forward, and denied McDonald's petition to review a ruling from the Seventh Circuit that revived the case last summer.

By Marc Lieberstein and Brodie D. Erwin

10 minute read

April 16, 2024 | New York Law Journal

Nonresidents Protected From Employment Discrimination by NY Human Rights Laws

In a unanimous decision in 'Syeed v. Bloomberg', the Court of Appeals answered a certified question from the Second Circuit by holding that the New York City and New York State Human Rights Laws banning employment discrimination protect out-of-state residents who are not yet located or employed in New York but who sought an opportunity to work in New York.

By Linton Mann III and William T. Russell Jr.

7 minute read

April 15, 2024 | New York Law Journal

'Martindell' Presumption Does Not Extend to Protective Orders in Arbitrations

In 'In re Grand Jury Subpoena Dated February 22, 2024, 2024', Judge Jesse Furman of the Southern District of New York confronted whether the Second Circuit's 'Martindell' test extends to protective orders issued by an arbitrator rather than by a district judge.

By Edward M. Spiro and Christopher B. Harwood

9 minute read

April 15, 2024 | New York Law Journal

Form Versus Substance: Termination Procedures in NY Employment Contracts

This article highlights competing New York case law when it comes to termination procedures laid out in employment contracts, as well as the implications of it.

By Curtis B. Leitner and Trevor J. Larrubia

8 minute read

April 12, 2024 | New York Law Journal

Motor Scooters and No-Fault Insurance Coverage

Motorized scooters, mopeds and E-bikes are becoming more popular in both New York state and nationally. Several pieces of legislation have been passed allowing or expanding the use of lower speed E-bikes and E-scooters. Yet, the convenience and affordability also comes with a price in the form of injuries, sometimes fatal.

By David M. Barshay and Steven J. Neuwirth

12 minute read