Kylie Marshall

July 03, 2024 | New York Law Journal

This is part three in a series of articles explaining the fundamentals of Commercial Division practice. The article addresses key dates and deadlines that arise when litigating in the Commercial Division.

By Kevin V. Small, Joseph J. Saltarelli and Charlotte Leszinske

11 minute read

July 02, 2024 | New York Law Journal

This article provides an overview of the rules that authorize courts to impose sanctions and examples of courts employing this power, particularly via monetary fines and other penalties, to deter discovery violations.

By Lara Flath, Jacob Fargo and Gaby Colvin

7 minute read

July 02, 2024 | New York Law Journal

On June 28, the Supreme Court overruled 'Chevron', holding that the APA requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law because a statute is ambiguous. It is difficult to overstate the significance of this watershed decision.

By Thomas R. Newman and Steven J. Ahmuty Jr.

10 minute read

July 01, 2024 | New York Law Journal

Recent decisions addressing AI-enhanced evidence and AI-generated results demonstrate that courts want to know what is in the "black box" and, without understanding the "black box," courts are unwilling to accept AI-created results.

By Mark A. Berman

6 minute read

July 01, 2024 | New York Law Journal

The U.S. Court of Appeals for the Sixth Circuit recently issued an important decision on the use of taser force against a passively resisting suspect in 'Saalim v. Walmart'.

By Martin A. Schwartz

13 minute read

July 01, 2024 | New York Law Journal

This column discusses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment explores two recent decisions by Senior U.S. District Court Judge Lawrence E. Kahn evaluating a constitutional challenge to recent amendments to New York's Emergency Tenant Protection Act (ETPA), N.Y. Unconsol. Law §8623.

By Jenna C. Smith and Adam R. Shaw

8 minute read

June 28, 2024 | New York Law Journal

In this article, Timothy M. Tippins shares some thoughts that may be useful to the rising generation as well as to fellow 'Old Schoolers' who are now charged with welcoming and acclimating the newcomers into our profession.

By Timothy M. Tippins

12 minute read

June 27, 2024 | New York Law Journal

As recently discovered by a bidder following a bankruptcy sale, the 'Go Global Retail v. Dream on Me' decision once again confirms that there are limits to the protection provided by statutory mootness and bankruptcy court sale orders.

By Corinne Ball

8 minute read

June 26, 2024 | New York Law Journal

Many businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.

By Howard B. Epstein and Theodore A. Keyes

9 minute read

June 26, 2024 | New York Law Journal

With U.S. Senator Bob Menendez on trial for bribery fraud and corruption‑related offenses, any conviction will almost assuredly be followed by an appeal. This article analyzes the state of Supreme Court jurisprudence on public corruption, including the crimes of honest services fraud and extortion under color of official right. It also highlights potential trends and future legal issues that might arise in other federal public corruption cases.

By Carrie H. Cohen and Allison M. Magnarelli

8 minute read