Kylie Marshall

November 27, 2023 | New York Law Journal

A number of recent cases involving blockchain platforms illustrate the difficulties that sometimes emerge in understanding what roles software coders do and don't play when it comes to such systems, and thus whether they may potentially be faced with liability.

By Robert A. Schwinger

17 minute read

November 27, 2023 | New York Law Journal

This article starts with a discussion on the current CPLR 3212(b)'s legislative history and proceeds to an examination of how courts have attempted to harmonize CPLR 3212(b) with CPLR 3101(d)(1)(i) and other procedural rules intended to ensure timely and orderly process, including Commercial Division Rule 13(c), which governs expert disclosure in the commercial part, and CPLR 3126, which addresses the court's discretion in imposing sanctions for violations of a discovery order.

By James P. Chou and Kelly D. Schneid

8 minute read

November 27, 2023 | New York Law Journal

Labor Law §240(1) and Labor Law §241(6) are important statutes in providing protection to workers engaged in a broad range of construction, demolition and other tasks. However, the two statutes are significantly different in their scope and proof.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

12 minute read

November 22, 2023 | New York Law Journal

Over the past several years, franchisors and their advocates have created a "monster in the closet" mentality about the prospect of joint employer liability. multiple franchisor advocates have proclaimed the joint employer doctrine, if extended to franchisors, would destroy the franchise model.

By Ronald K. Gardner

6 minute read

November 22, 2023 | New York Law Journal

The title of this article suggests a notion that, in light of the highly complex and sophisticated rules of appellate procedure, is absurd. However, this very issue lies at the heart of the majority's compelling opinion, penned by Presiding Justice Diane T. Renwick, in 'Favourite v Cico'.

By Elliott Scheinberg

14 minute read

November 22, 2023 | New York Law Journal

In its recent decision in 'SEC v. Govil', the Second Circuit limited the SEC's power by construing "victims" to be limited to those who suffer pecuniary harm. This holding will likely prevent the SEC from obtaining disgorgement in numerous types of cases, such as those involving books and records or registration violations, and even insider trading.

By Thomas McKay

7 minute read

November 22, 2023 | New York Law Journal

This article considers a recent opinion from the New York City Bar Association Committee on Professional and Judicial Ethics Opinion 2023-1 on the topic of attorneys departing from a law firm. This is a subject we have frequently discussed in this column in the past, albeit not recently, and the opinion is a useful summary of the guiding principles involved when lawyers move between law firms.

By Anthony E. Davis and Janis M. Meyer

9 minute read

November 21, 2023 | New York Law Journal

Obviousness is one of the most challenging and amorphous issues in U.S. patent law, and one that all practitioners—litigators and patent prosecutors alike—inevitably confront on a regular basis. Federal Circuit decisions analyzing the issue of obviousness can be complex and, sometimes, seemingly subjective.

By Rob Maier

7 minute read

November 21, 2023 | New York Law Journal

In 'Krasner', the Second Circuit considered whether the securities-related exception to the federal jurisdiction conferred by CAFA prohibited removal to federal court of a class action alleging aiding and abetting the breach of fiduciary duties and tortious interference claims. This decision is another instance where the circuit has adopted an expansive interpretation of the exception.

By Martin Flumenbaum and Brad S. Karp

7 minute read

November 20, 2023 | New York Law Journal

Does anyone doubt the existence of bias? Likely not, but recognizing bias is not always easy. When overt, it is hard to miss. When covert, it can be difficult, if not impossible, to discern. Yet there are many cleverly designed, scientifically sound studies that can reveal the existence of bias, even when the subject consciously or unconsciously attempts to prevent its revelation.

By Katryna L. Kristoferson and David Paul Horowitz

14 minute read