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Kylie Marshall

Kylie Marshall

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September 05, 2023 | New York Law Journal

A Closer Look at Costs on Appeal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. highlight the Cost on Appeals statute and discuss the fees and expenses associated with successfully asserting or defending one's rights on appeal.

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

9 minute read

September 05, 2023 | New York Law Journal

Considerations for Defending Against Federal Civil Asset Forfeiture Action

A discussion of the critical issues that property owners and their counsel should be aware of at the outset of a federal civil forfeiture action.

By Jeffrey Lang and Luke Appling

19 minute read

September 01, 2023 | New York Law Journal

Enforcement of Federal Statutes Under §1983: Focus on Talevski

In his Section 1983 Litigation column, Martin A. Schwartz addresses how some federal statues are enforceable under §1983 while others are not by focusing on the recent Supreme Court decision in the Health and Hospital Corp. of Marion County v. Talevski case.

By Martin A. Schwartz

9 minute read

September 01, 2023 | New York Law Journal

Is a Retail Salesperson Really a 'Manual Worker'?

In this Labor and Employment column, Keith A. Markel and Alana R. Mildner discuss the rise of pay frequency litigation in New York, particularly within the retail industry, and what constitutes a manual worker.

By Keith A. Markel and Alana R. Mildner

8 minute read

September 01, 2023 | New York Law Journal

Daughters of Divorce Must Pay Sorority Expenses—Sometimes

In a New York divorce, who pays for sorority expenses? We can look to Judge Sondra Mendelson-Toscano's decision in C.A.B. v. D.S.B. for guidance. The focus of this article will be the mother's request in C.A.B. to hold the father responsible for reimbursing her with his pro rata share of their daughter's sorority costs.

By Alan Feigenbaum

6 minute read

September 01, 2023 | New York Law Journal

Meet the Jetsons: Virtual Lawyering

In his Virtual Lawyering column, Mark. A. Berman discusses the various tools and technological advancements that have enabled virtual lawyering to be more efficient.

By Mark A. Berman

5 minute read

August 31, 2023 | New York Law Journal

As Venues See Record Attendance, Safe Ingress and Egress Drive Liability

People are increasingly attending concerts, sports and other events in large numbers. Recent events highlighting the issues this can cause demonstrate the need for efficient egress and ingress to provide safety and avoid the potential for litigation.

By Fadja Tassy

6 minute read

August 31, 2023 | New York Law Journal

Fraudulent Incorporation Confirmed as Basis for Criminal Health Care Fraud Charges

In his Insurance Law column, Michael Sirignano discusses how those who commit no-fault automobile insurance fraud using illegally owned and controlled medical corporations no longer have to be concerned solely about potential civil liability—they also should fear criminal prosecution.

By Michael A. Sirignano

9 minute read

August 30, 2023 | New York Law Journal

Religious Organizations Differ From Other Nonprofits—Here's Why That Matters

Counseling a religious entity is different from advising other not-for-profit corporations due to the special rules applicable to, and the constitutional protections afforded to, religious organizations in the United States.

By Barry Black and Christopher Byrnes

8 minute read

August 30, 2023 | New York Law Journal

The Diversity Conundrum: A Discussion on DEI Following the USSC SFFA v. Harvard, et al. Decision

In this column, D.L. Morriss discusses the diversity conundrum within the legal profession and presents steps to take toward solving it.

By D.L. Morriss

7 minute read