Kylie Marshall

May 10, 2024 | New York Law Journal

The SEC has now announced that it has settled its first enforcement actions involving AI. Two investment advisors recently agreed to pay civil fines to the SEC for misstatements about AI technology. This signals a new era of SEC enforcement.

By Benjamin Daniels, Jennifer Driscoll and Sabrina Galli

7 minute read

May 10, 2024 | New York Law Journal

The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.

By Ethan Greenberg and Thomas Dupont

10 minute read

May 10, 2024 | New York Law Journal

This article describes strategic considerations relating to collection that parties should weigh at the onset of any dispute, and tools that prevailing parties can later use to secure monetary awards. It then presents examples of prevailing parties weighing those considerations and employing those tools to receive what they are owed.

By Casey Laffey, Zachary Kaye and Alexander Borman

8 minute read

May 10, 2024 | New York Law Journal

The U.S. Supreme Court's decision in 'Badgerow v. Walters' has made it less predictable whether federal courts will find the amount-in-controversy requirement for diversity jurisdiction has been satisfied.

By Sarah E. Phillips and Bryce L. Friedman

8 minute read

May 10, 2024 | New York Law Journal

This article provides insight, from a litigator's perspective, into how four key no-shop drafting decisions can impact the outcome of a litigation: duration, scope, choice of law and remedy.

By Stephen L. Ascher, Jason P. Hipp, Melissa Fedornak and Dylan Madoff

7 minute read

May 10, 2024 | New York Law Journal

On March 6, 2024, the SEC issued its final rule that notably eliminated Scope 3 disclosures by public companies—but companies that don't want to make these disclosures should not rejoice, as new requirements from both California and Europe do mandate this information and apply to most large companies operating in the United States.

By Michael B. Gerrard

11 minute read

May 09, 2024 | New York Law Journal

Judge Juan Merchan's second order holding ex-president Donald Trump in contempt is a blockbuster. In his first order, the court minced no words that this defendant violated the gag order no less than nine times.

By Jerry H. Goldfeder and Karen Friedman Agnifilo

4 minute read

May 09, 2024 | New York Law Journal

This two-part series examines several options for the commercial real estate loan in distress. As the second installment of this series, this article identifies and examines a more creative approach, one which right-sizes the loan and the underlying real estate and resets value for today's market.

By Richard S. Fries

11 minute read

May 09, 2024 | New York Law Journal

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Ann M. Donnelly denied a motion to dismiss a complaint alleging claims of forced labor and trafficking and, in a second, unrelated matter, denied a mother's petition under the Hague Convention to repatriate her child to England. Chief Judge Margo K. Brodie denied defendants' motion to dismiss the indictment against them or for an in camera review of the grand jury minutes.

By Samuel Butt and John Moore

8 minute read

May 08, 2024 | New York Law Journal

Counsel to petitioners in guardianship matters should specifically advise clients that they may be personally liable for the fees of court appointees.

By Daniel G. Fish and Paige Dubicki

7 minute read