Kylie Marshall

February 09, 2024 | New York Law Journal

In these polarized times, where many are compelled to use social media and other public platforms to express political views, the interaction of political speech and the workplace is poised to grow increasingly complex. Employers must toe the line between protected employee activity and protecting corporate reputations.

By Deena R. Merlen and Jill Kahn Marshall

7 minute read

February 09, 2024 | New York Law Journal

In this article, Gary M. Fellner and Caitlin M. Nolan reflect on some of the changes that were implemented in litigation during the COVID-19 pandemic and their lasting impact on the legal profession.

By Gary M. Fellner and Caitlin M. Nolan

8 minute read

February 09, 2024 | New York Law Journal

This article discusses the implications of the 'Samuel' case, especially for Surrogate's Court practitioners. As the use of generative AI tools becomes more prevalent, this decision serves as an important reminder of the age-old adage: don't believe everything you read on the internet.

By Gregory R. Bruno and Alfred W.J. Marks

8 minute read

February 09, 2024 | New York Law Journal

This article examines Supreme Court precedent requiring a warrant to search a cell phone, and what lawyers should consider when counseling clients on whether they should turn over text messages in response to a government subpoena.

By Michael P. Robotti and Lauren Engelmyer

18 minute read

February 08, 2024 | New York Law Journal

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.

By Thomas Kissane and John Moore

9 minute read

February 08, 2024 | New York Law Journal

Title IX investigations are supposed to be a fair and effective tool to make informed decisions about student complaints. Not surprisingly, the practical application of this federal law is often as nuanced as the behaviors that brought about the complaint to begin with. A recent case demonstrates this very well.

By Helene M. Weiss and Daniel Pollack

4 minute read

February 07, 2024 | New York Law Journal

The Southern District of New York's latest tool in white-collar criminal enforcement, SDNY's Whistleblower Pilot Program, is the first of its kind, offering a non-prosecution agreement to individuals in exchange for working with SDNY prosecutors to "figure out what [they] don't know."

By Robert J. Anello and Richard F. Albert

12 minute read

February 06, 2024 | New York Law Journal

This article outlines a general framework for approaching investigations into employee complaints. The authors recommend that employers approach investigations with an organized and thoughtful plan that allows the investigator and the employer both to assuage understandable concerns of employees and create an environment where a focused fact-finding investigation can occur.

By Nicholas J. Pappas and Jennifer R. Coates

9 minute read

February 05, 2024 | New York Law Journal

There have been a significant number of Appellate Division decisions addressing motions by plaintiffs in malpractice actions seeking sanctions against defendants for spoliation of evidence, as well as a few involving malpractice defendants seeking sanctions against plaintiffs. Those decisions are the subject of this column.

By Thomas A. Moore and Matthew Gaier

15 minute read

February 05, 2024 | New York Law Journal

Since 2015, courts frequently have utilized Rule 37(e) when deciding motions for sanctions for ESI spoliation. One key question rarely addressed is whether, in addition to the content of ESI, Rule 37(e) also applies to its metadata. In a recent decision, where spoliated metadata would have provided details relevant to a party's claims, a court determined that it does.

By H. Christopher Boehning and Daniel J. Toal

8 minute read