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Kylie Marshall

Kylie Marshall

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November 16, 2023 | New York Law Journal

Reflecting on the Four Freedoms

In this season of gratitude, it's appropriate to recall the "four freedoms"—freedom of speech, freedom of worship, freedom from fear and freedom from want—articulated by President Franklin D. Roosevelt at the threshold of World War II and illustrated so memorably in Norman Rockwell's iconic renditions.

By A. Gail Prudenti

5 minute read

November 16, 2023 | New York Law Journal

Mandatory Payroll Tax Proposed for Long-Term Custodial Care

The New York Long Term Care Trust Program was proposed to address the issue of long-term care insurance through a mandatory payroll tax. Although not enacted, the bill signals a willingness to consider a fundamentally new approach to this issue.

By Daniel G. Fish

5 minute read

November 16, 2023 | New York Law Journal

Perspectives on Controversies and Some Cautionary Tales From the Intersecting Worlds of Divorce, Family Law and the News

Recent news stories featuring celebrities, prominent businesspeople and the wealthy provide fodder for public consumption and their reported circumstances and controversies lend themselves as examples of situations (occasionally outlandish) that provide important lessons to matrimonial and family law practitioners and their clients.

By Alton L. Abramowitz and Leigh Baseheart Kahn

12 minute read

November 15, 2023 | New York Law Journal

Cyber Spying on Your Spouse During a Divorce: Does It Cross a Legal Line?

For the most part, technology is good—but when couples find themselves in a divorce, the rules about the use of technology change. This article discusses how attorneys should advise clients how to modify their use of technology to protect themselves and their children and be clear about the consequences of "cyber spying" during a divorce.

By Dina De Giorgio

5 minute read

November 15, 2023 | New York Law Journal

The Final Countdown to Medical Aid in Dying in New York

The New York Medical Aid in Dying Act would provide terminally ill patients with access to prescription medications they can take to hasten their death. If the law is enacted, New York would join 10 other states and the District of Columbia in making this option available.

By Kaitlin Puccio

6 minute read

November 15, 2023 | New York Law Journal

'Affirmative Recruiting' Under Title VII

This article highlights how, with diversity initiatives under scrutiny after 'Students for Fair Admissions', many are wondering whether diversity-conscious recruiting remains permissible under Title VII.

By Samuel Estreicher, Erin Connell and Alexandria Elliott

8 minute read

November 15, 2023 | New York Law Journal

The Supreme Court Considers Item 303

On Sept. 29, 2023, the U.S. Supreme Court granted certiorari in 'Macquaire Infrastructure v. Moab Partners' to consider whether the failure to make disclosures required under Item 303 of the SEC's Regulation S-K can support an action for securities fraud under Rule 10b-5.

By John Coffee

9 minute read

November 15, 2023 | New York Law Journal

Judgment Preservation Insurance Emerges as a Valuable Risk Management Option

Every now and then, an insurance product emerges that addresses risks in a manner that facilitates transactions such that the product becomes a regular part of the dealmaker's toolkit. While judgment preservation insurance may not have the impact that RWI has had, its increasing popularity suggests that insureds are discovering that JPI is a very useful tool to mitigate risk.

By Howard B. Epstein and Theodore A. Keyes

6 minute read

November 15, 2023 | New York Law Journal

Is the 'Klein' Conspiracy Doctrine Doomed?

In his Tax Litigation Issues column, Jeremy H. Temkin discusses how a series of recent U.S. Supreme Court decisions has eroded Klein's jurisprudential foundation, suggesting it is not a matter of if, but when, the doctrine falls.

By Jeremy H. Temkin

9 minute read

November 14, 2023 | New York Law Journal

AI Should Assist Trial Lawyers, Not Replace Their Judgment

This article discusses how artificial intelligence should not be relied upon to replace the judgment of a trial lawyer and how it can instead be used to assist diligent lawyers in considering alternative paths and sources of information to make the best possible decisions for clients.

By Tom Rohback

5 minute read