Kylie Marshall

January 08, 2024 | New York Law Journal

In their Antitrust Trade and Practice Column, Karen Hoffman Lent and Kenneth Schwartz recap the major antitrust events of 2023 and highlight developments to look for in 2024.

By Karen Hoffman Lent and Kenneth Schwartz

12 minute read

January 05, 2024 | New York Law Journal

Continued economic uncertainty will have significant implications for businesses and the law firms that work with them in the year ahead. Based on Aviva Will and David Perla's conversations with clients through their work at the intersection of law and finance, in this article they review key trends to anticipate in 2024.

By Aviva Will and David Perla

7 minute read

January 05, 2024 | New York Law Journal

In this article, Alice K. Jump and Ethan Krasnoo explore some of the issues raised by recent changes in employment law, as well as some specific requirements regarding waiting periods, tax implications, case dismissal requirements and enforceability under New York and federal law.

By Alice K. Jump and Ethan Krasnoo

8 minute read

January 05, 2024 | New York Law Journal

The importance of 'Badgerow' is its conclusion that a federal court faced with a petition to confirm or vacate an award under Sections 9 and 10 of the FAA could not "look through" the petition to the underlying arbitral controversy to determine grounds for federal court jurisdiction

By Suman Chakraborty

8 minute read

January 05, 2024 | New York Law Journal

The rapid expansion of cryptocurrency markets—currently topping $3 billion—has drawn the ire of regulators who have issued a raft of confusing and complicated guidance and regulations. Two recent federal district court decisions illustrate the complexity of the debate and provide guidance to companies looking to understand how to classify their cryptocurrency offerings.

By Benjamin Daniels, Jenna Scoville and Ileana Polanco Cavazos

7 minute read

January 05, 2024 | New York Law Journal

ESI protocols have become a Frankenstein monster of requirements that create obligations well beyond the Federal Rules of discovery, addressing a vast array of discovery topics including search terms, privilege logs and technology-assisted review. What lessons can we take away from the overuse of ESI protocols?

By David Kessler, Ellen Blanchard, Esther Clovis and Andrew Peck

10 minute read

January 05, 2024 | New York Law Journal

The Office of Court Administration recently solicited comments on a proposal to amend Rule 202.70(b)(1) of the Uniform Rules for the Supreme and County Courts to add a reference to technology in the description of what is a commercial case. This article discusses the proposal, rationale behind the rule amendment and kind of technology cases that likely fall within the Commercial Division's jurisdiction.

By Tracee E. Davis

8 minute read

January 05, 2024 | New York Law Journal

The fast-paced nature of the legal landscape demands not only legal acumen but also strategic thinking and a keen understanding of the tools at one's disposal. In this dynamic environment, lawyers need to equip themselves with a diverse array of resources to not only survive but thrive. This piece explores a few key tools to empower litigators in their quest for success.

By Monica Delgado and Jonathan Harris

6 minute read

January 05, 2024 | New York Law Journal

The use of social media as a marketing tool has been common for just about as long as social media has existed. In some situations, particularly where an individual is very closely associated with a specific business, such fuzziness has led to disputes over who owns social media accounts. In this article, Emily Poler discusses three recent federal court decisions and how they have addressed whether a social media account belongs to an individual or a business.

By Emily Poler

8 minute read

January 04, 2024 | New York Law Journal

In this Mediation column, Michael B. Titowsky of NAM (National Arbitration and Mediation) explores what steps can be taken, by the lawyers, their clients and by the insurance carriers, to properly prepare for a labor law mediation.

By Michael B. Titowsky

14 minute read