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Kylie Marshall

Kylie Marshall

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February 23, 2024 | New York Law Journal

Navigating Executive Compensation Negotiations: Balancing Behavior and Legality

Recent coverage of Elon Musk's public compensation negotiations with the Tesla board of directors has put the spotlight on the art of negotiating executive pay. Lawyers advising clients in similar negotiations must bring both an understanding of the law and awareness of the behavioral factors in play to negotiate a legal deal that satisfies all parties.

By Monica Delgado and Jonathan Harris

8 minute read

February 23, 2024 | New York Law Journal

NYC Takes On Weight and Height Discrimination: Key Takeaways for Employers

New York City has amended its Human Rights Law, Title 8 of the Administrative Code, to prohibit discrimination in employment, housing and public accommodations based on an individual's height and/or weight. It now includes height and weight in its long list of protected characteristics that cannot be used to discriminate against employees.

By Pascal Mayer and Greg Demers

9 minute read

February 23, 2024 | New York Law Journal

New NY Statute Restricts Access to Employee Social Media; Imposes Notice Requirements

Governor Hochul signed a bill into law with significant implications for employers impacting both the employee hiring process, and employees generally speaking. Specifically, it prohibits employers from requiring the disclosure of private, personal social media account information.

By Joshua S. Bauchner and Jed M. Weiss

6 minute read

February 23, 2024 | New York Law Journal

2024 Charitable Deductions: Donor Benefits and Expenses

Each year, the IRS adjusts charitable gift rules, tax tables, personal exemptions, standard deductions and other tax provisions. This article highlights the key charitable figures for 2024.

By Conrad Teitell

3 minute read

February 23, 2024 | New York Law Journal

Drafting Effective Operating Agreement Indemnification Clauses: Advice from the Litigators

This article, written by litigators, is intended to inform drafters of the need for clearly delineated rights to indemnification, on one hand, and fee advancement on the other. It surveys New York's interpretation of Limited Liability Company Law §420 and identifies considerations for both indemnification and fee advancement.

By Michael H. Masri and Katarina Thallner

6 minute read

February 22, 2024 | New York Law Journal

SEC Expands Employer Cutbacks in Compensation for Erroneous Compensation Awards

The SEC continues to broaden the use of forfeiture of executive compensation as a regulatory tool with an increased emphasis on making employers do the clawing-back themselves.

By Samuel Estreicher and Samuel Ball

6 minute read

February 22, 2024 | New York Law Journal

Enforcement of Religious Marriage Contracts

New York courts have reluctantly passed upon the enforcement of religious marriage contracts. The restrictions of the First Amendment constrain state courts from limiting the free exercise of religion or the use of civil law to support or further its establishment. The reported decisions dealing with the enforcement of religious marriage contracts involve Jewish and Islamic marriage contracts that are discussed in this article.

By Joel R. Brandes

18 minute read

February 21, 2024 | New York Law Journal

When Communications Concerning a Client Can Be Withheld From the Client

Conflicts arise between law firms and their clients that require lawyers within the firms to seek legal advice. In such situations, firm lawyers may seek advice from another lawyer within their firm about how to handle the issue. In subsequent litigation with the client, however, such communications may not be protected from discovery, particularly where the firm lawyer whose advice is sought has been involved in the representation of the client.

By Edward M. Spiro and Christopher B. Harwood

10 minute read

February 21, 2024 | New York Law Journal

When Is Out-of-State Out-of-Reach? Recent Application of NY's Long-Arm Statute

This article examines 'Reveam v. Taylor Freres Capital Markets', a recent decision from the New York Supreme Court applying New York's long-arm statute to assess specific personal jurisdiction over a non-resident defendant.

By Lara Flath, Jacob Fargo and Gaby Colvin

7 minute read

February 21, 2024 | New York Law Journal

Creditor Remedies Prevail in Delaware

This article addresses how a Creditor's Committee may sue members of an LLC, despite Delaware law limitations, and how prebankruptcy exercise of proxy rights in reliance on Delaware law are upheld in a subsequent bankruptcy case.

By Corinne Ball

12 minute read