Kylie Marshall

March 21, 2024 | New York Law Journal

In their Law Firm Partnership Law column, Arthur Ciampi and Maria Ciampi ring some warning bells regarding potentially harmful law firm partnership agreement provisions in the hope of keeping our readers out of harm's way.

By Arthur J. Ciampi and Maria L. Ciampi

8 minute read

March 20, 2024 | New York Law Journal

Donald Trump's lawyers recently filed a brief before the First Department claiming that securing a bond to stay enforcement of the $454 million entered against him in the Attorney General's fraud suit is a "practical impossibility." So what happens if he can't post a bond?

By Joshua Wurtzel

6 minute read

March 20, 2024 | New York Law Journal

While Title VII and state and local human rights laws endow many women with the opportunity to challenge adverse actions based on sex discrimination, affording power to victims and bystanders requires increasingly holding all accountable to rumors, thereby challenging women and men alike to undermine the sexual double standard and advance equity within the workplace.

By Kathryn L. Barcroft

12 minute read

March 20, 2024 | New York Law Journal

Few principles of law are as universally respected by U.S. courts as the "internal affairs rule." All state jurisdictions at least formally subscribe to this rule, and the Supreme Court has hinted it may be constitutionally required. Nonetheless, the New York Court of Appeals has agreed to hear a case asking the court to replace the traditional rule with an "interest-balancing" test.

By John Coffee

11 minute read

March 20, 2024 | New York Law Journal

Lawyers involved in planning cross-border transactions and those litigating subsequent disputes need to be cognizant of what privileges apply in all relevant jurisdictions and take steps to ensure that communications will be protected in each jurisdiction.

By Jeremy H. Temkin

11 minute read

March 19, 2024 | New York Law Journal

The Court of Appeals recently clarified that insurance policies providing coverage for "direct physical loss or damage" to an insured's premises do not apply to business interruption losses sustained as a result of COVID-19 absent some actual, material alteration to those premises or a complete and persistent dispossession from the premises.

By Linton Mann III and William T. Russell Jr.

5 minute read

March 18, 2024 | New York Law Journal

A recent case out of the Southern District of New York involved the application of the Video Privacy Protection Act to a novel category of visual art and a method of data collection that would have been science fiction to the statute's drafters. Judge Swain's careful analysis of these issues is worth a look.

By Stephen M. Kramarsky and John Millson

11 minute read

March 15, 2024 | New York Law Journal

This article discusses 'Johnson v. Johnson', which remedied such a concern even though the attorney for the child did not appeal from the order, as well as an understanding of aggrievement, CPLR 551, as it relates to nonparties and to nonappealing parties is instructive.

By Elliott Scheinberg

13 minute read

March 15, 2024 | New York Law Journal

Is there a "nice way" to go about negotiating and signing a prenuptial agreement? After over 30 years of practice as a family and divorce mediator and collaborative divorce attorney, Amy Carron Day can tell you that yes, it is possible.

By Amy Carron Day

5 minute read

March 15, 2024 | New York Law Journal

Enforcement of arbitral awards against sovereigns is in the spotlight. Whether dealing with investment treaty or commercial arbitration awards, the key question for award-creditors against state or state-owned enterprise (SOE) respondents around the world is: will we be able to enforce the decision?

By William O'Brien, Katia Finkel, Levon Golendukhin and Romy Descours-Karmitz

8 minute read