Kylie Marshall

March 29, 2024 | New York Law Journal

As 2023 came to an end, and 2024 began to unfold, the Surrogate and Appellate Courts throughout the state have been busy issuing decisions of interest—not only to the trusts and estate practitioner but to the bar at large.

By Ilene Sherwyn Cooper

10 minute read

March 28, 2024 | New York Law Journal

This article highlights how a key issue to be resolved is whether the algorithms that drive social media apps are just publishing platforms that Section 230 is designed to protect, or if they are products designed to perform a specific function, and therefore within the ambit of strict products liability law.

By Thomas P. Kurland, Shelley Attadgie and Jabari Matthew

8 minute read

March 27, 2024 | New York Law Journal

Data breaches are on the rise, as are the costs associated with them. AI is allowing bad actors to quickly shift tactics and generate more believable scams. There is a significant uptick in attempted fraudulent filings. This article presents various ways in which you can protect your organization, as well as your class, from these threats.

By Derek Dragotta

10 minute read

March 27, 2024 | New York Law Journal

When approached with a new potential representation, a lawyer needs to do a conflicts check. Once that clears, what is stopping them from jumping in and getting as much information as possible to demonstrate to the potential client that they are the right choice? In reality, they should take precautions to ensure that not only the lawyer but the entire firm are not disqualified.

By Anthony E. Davis and Janis M. Meyer

8 minute read

March 27, 2024 | New York Law Journal

In 'Behrens v. JPMorgan Chase Bank N.A.', the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly.

By Martin Flumenbaum and Brad S. Karp

8 minute read

March 26, 2024 | New York Law Journal

The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.

By Rob Maier

8 minute read

March 25, 2024 | New York Law Journal

Recent court decisions arising from the purchase and sale of digital assets have grappled with liability claims posing such questions about information that had been stated or omitted.

By Robert A. Schwinger

18 minute read

March 25, 2024 | New York Law Journal

This series of Commercial Litigation articles will explain the fundamentals of Commercial Division practice. Part I addresses the key advantages of the Commercial Division and how to commence a case there.

By Kevin V. Small, Joseph J. Saltarelli and Charlotte Leszinske

9 minute read

March 25, 2024 | New York Law Journal

Unlike Labor Law §240(1), Labor Law §241 (6) is not self executing. Plaintiff must show that a violation of a concrete specification under a provision of the New York Industrial Code was a proximate cause of injury in order to impose liability under §241(6).

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

13 minute read

March 22, 2024 | New York Law Journal

This installment of the Northern District Round-Up column explores a recent decision by Judge Anne Nardacci of the Northern District of New York concerning yet another challenge to New York state's cannabis licensing program.

By Adam R. Shaw and Jenna C. Smith

7 minute read