Kylie Marshall

April 10, 2024 | New York Law Journal

'Fischer' presents an interesting test of whether SCOTUS will continue its "unmistakable" message that courts should not assign federal criminal statutes a potentially wide-ranging scope "when a narrower reading is reasonable." To court watchers, the odds appear to be against affirmance. The case's potential impact on the Trump prosecution makes it all the more intriguing.

By Robert J. Anello and Richard F. Albert

11 minute read

April 09, 2024 | New York Law Journal

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

By Lee Rosenberg

2 minute read

April 09, 2024 | New York Law Journal

This article discusses the recently enacted Foreign Extortion Prevention Act, which—unlike the Foreign Corrupt Practices Act—focuses on the demand-side of bribe payments. But will FEPA also create more potential exposure for U.S. entities? What should U.S. companies do today to prepare?

By Mayling Blanco, Katey Fardelmann and Lucy Hoffman

8 minute read

April 09, 2024 | New York Law Journal

This article focuses on one important maritime statute: the Death on the High Seas Act (DOHSA), including its all-important Commercial Aviation Exception. It also analyzes two unresolved procedural issues in DOHSA cases: whether and when they are removable to federal court and whether a DOHSA plaintiff has a right to a jury trial.

By Vincent C. Lesch and Kevin Mahoney

16 minute read

April 08, 2024 | New York Law Journal

The New York City law is avoidable, and the New York state law is pending, but employers should not forget about the impact of the federal requirements on their use of automated employment decision tools.

By Amory W. McAndrew

7 minute read

April 08, 2024 | New York Law Journal

It might have appeared to go unnoticed, but lawyers, criminal lawyers especially, are no longer specifically instructed by New York's rules or canons to represent their clients "zealously." Criminal lawyers are instead now simply bound by the extremely lukewarm phraseology contained in Rule 1.3 of New York's Rules of Professional Conduct.

By Joel Cohen

9 minute read

April 08, 2024 | New York Law Journal

Jerry Goldfeder and Karen Friedman Agnifilo's "Trump on Trial Sidebar Series" aims to spotlight some of the more salient issues during the trial of Donald Trump and help provide insight as to what is happening inside the courtroom. This first installment provides an overview of the case.

By Jerry H. Goldfeder and Karen Friedman Agnifilo

7 minute read

April 05, 2024 | New York Law Journal

This article addresses the importance of creating and best utilizing collaborating franchisee associations. Unfortunately, that task is made difficult by franchisors who do not understand the role they play in setting franchisee association agendas and political dynamics.

By Ronald K. Gardner

5 minute read

April 05, 2024 | New York Law Journal

Proactive commercial litigation and arbitration to recover significant damages have become more common. We are seeing businesses put in place additional measures to ensure that when they must litigate, they do so in the most efficient and effective manner for the organization. This article explores common themes and benefits.

By Alyx Pattison and Emily Tillett

9 minute read

April 05, 2024 | New York Law Journal

As staid and unfashionable as it might sound, proper grammar, punctuation and word choice still matter because they provide structure and clarity. Lawyers' tools are words, in both writing and oral advocacy. Our existence as litigators depends on our ability to persuade the trier of fact, which depends on our ability to communicate effectively.

By Jeannine Sano, Eric Krause and Denise Plunkett

6 minute read