February 23, 2024 | New York Law Journal
Navigating Executive Compensation Negotiations: Balancing Behavior and LegalityRecent 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 EmployersNew 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 RequirementsGovernor 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 ExpensesEach 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 LitigatorsThis 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 AwardsThe 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 ContractsNew 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 ClientConflicts 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 StatuteThis 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 DelawareThis 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
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