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Kylie Marshall

Kylie Marshall

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November 06, 2023 | New York Law Journal

Ninth Circuit Panel Recognizes U.S. Corporate Accessorial Liability Under Alien Tort Statute and Torture Act

In his Foreign Relations Law column, Samuel Estreicher discusses how a Ninth Circuit panel in 'Doe I v. Cisco Systems' recently gave new life to the Alien Tort Statute, which has become a major focus of human rights litigation seeking redress for injuries levied by violators of international law norms.

By Samuel Estreicher

6 minute read

November 06, 2023 | New York Law Journal

Section 1983 Fabricated Evidence Claims—Focus on 'Barnes v. City of New York'

Police fabrication of evidence gives rise to a steady stream of §1983 fabrication of evidence claims, which frequently raise important, difficult legal issues. The recent decision in 'Barnes v. City of New York' illustrates some of the complications that can arise.

By Martin A. Schwartz

10 minute read

November 06, 2023 | New York Law Journal

A Negligent Cybersecurity Breach?

As businesses are more and more getting hit with cybersecurity attacks, plaintiffs often sue under a plethora of claims seeking to recover damages. This article focuses on the common law cause of action of negligence for an entity's alleged failure to maintain adequate cybersecurity protections.

By Mark A. Berman

7 minute read

November 03, 2023 | New York Law Journal

How To Conduct a Compliant Business Reorganization or Reduction in Force

Business reorganizations and reductions in force are a normal part of the business lifecycle, particularly during an adverse economic period. This article discusses some of the more common legal risks associated with reorganization methods, as well as best practices to mitigate those risks.

By Mark S. Goldstein and Marguerite G. Snyder

8 minute read

November 03, 2023 | New York Law Journal

Understanding the Push To Eliminate Non-Compete Agreements

In this article, Seth M. Pavsner and Tyler Mitchell discuss the Federal Trade Commission's new proposed rule that would classify non-compete agreements in employment contracts as an "unfair method of competition."

By Seth M. Pavsner and Tyler Mitchell

8 minute read

November 03, 2023 | New York Law Journal

Measuring Up New York City's New Ban on Height and Weight Discrimination

Later this month, height and weight discrimination in employment, housing and public accommodations will no longer be legal in New York City. This article examines the issues New York City employers and employment law practitioners can expect to grapple with under this new ordinance.

By Eric G. Hoffman

8 minute read

November 03, 2023 | New York Law Journal

DEI Litigation Trends and Risk Mitigation: More Than Semantics

Using precise, thoughtful language in communication about DEI initiatives, both internally and externally, can take the proverbial bullseye off a company. The authors of this column offer some specific examples of how this plays out in practice, identifying high-risk and low-risk alternatives in five common scenarios.

By Richard Kidd, Greg Demers and Renai Rodney

8 minute read

November 03, 2023 | New York Law Journal

Pregnant Workers Fairness Act Delivers New Obligations for Employers

In this article, Christopher J. Collins and Lindsay C. Stone summarize the key features of the Pregnancy Workers Fairness Act, highlight areas that will require special attention and provide practical suggestions for compliance.

By Christopher J. Collins and Lindsay C. Stone

8 minute read

November 03, 2023 | New York Law Journal

Surrogate's Court: Seeking Advice for Construction or Direction

More often than not, it is the fiduciary that is looking for the court to tell them what to do or otherwise agree with what they want to do. In this article, C. Raymond Radigan and Margaret B. Rahner highlight the ambiguity in intent and uncertainty in the direction for the fiduciary to follow.

By C. Raymond Radigan and Margaret B. Rahner

6 minute read

November 03, 2023 | New York Law Journal

Judges Are Not 'Employees' of the New York State Court System (as Far as Title VII Is Concerned)

A recent decision in a vaccine-mandate lawsuit held that state court judges are not "employees" of the court system under Title VII, showing that lawsuits brought in response to pandemic-era employment restrictions have not become moot as the world continues to transition to a post-COVID mindset.

By Jordan Sklar and Alessandro J. Angelori

7 minute read