Kylie Marshall

April 16, 2024 | New York Law Journal

This past March, the Supreme Court allowed a proposed class action challenging McDonald's use of no-poach provisions in its franchise agreements to move forward, and denied McDonald's petition to review a ruling from the Seventh Circuit that revived the case last summer.

By Marc Lieberstein and Brodie D. Erwin

10 minute read

April 16, 2024 | New York Law Journal

In a unanimous decision in 'Syeed v. Bloomberg', the Court of Appeals answered a certified question from the Second Circuit by holding that the New York City and New York State Human Rights Laws banning employment discrimination protect out-of-state residents who are not yet located or employed in New York but who sought an opportunity to work in New York.

By Linton Mann III and William T. Russell Jr.

7 minute read

April 15, 2024 | New York Law Journal

In 'In re Grand Jury Subpoena Dated February 22, 2024, 2024', Judge Jesse Furman of the Southern District of New York confronted whether the Second Circuit's 'Martindell' test extends to protective orders issued by an arbitrator rather than by a district judge.

By Edward M. Spiro and Christopher B. Harwood

9 minute read

April 15, 2024 | New York Law Journal

This article highlights competing New York case law when it comes to termination procedures laid out in employment contracts, as well as the implications of it.

By Curtis B. Leitner and Trevor J. Larrubia

8 minute read

April 12, 2024 | New York Law Journal

Motorized scooters, mopeds and E-bikes are becoming more popular in both New York state and nationally. Several pieces of legislation have been passed allowing or expanding the use of lower speed E-bikes and E-scooters. Yet, the convenience and affordability also comes with a price in the form of injuries, sometimes fatal.

By David M. Barshay and Steven J. Neuwirth

12 minute read

April 12, 2024 | New York Law Journal

In 2010, the former owners of the Peter Cooper Village and Stuyvesant Town property defaulted on their mortgage. Five years later, that property was sold at a profit that paid off outstanding principal and interest. Litigation then ensued over the allocation and distribution of certain excess proceeds from the sale.

By Thomas E. L. Dewey

11 minute read

April 11, 2024 | New York Law Journal

Section 1595(a) of the TVPRA provides a civil remedy against perpetrators and anyone who "knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation." The use of a "knowingly benefits" standard of liability is fairly novel and raises some important questions.

By Samuel Estreicher

8 minute read

April 11, 2024 | New York Law Journal

The FTC and DOJ are geared up to investigate and challenge serial acquisitions or roll-ups by private equtity firms. Many of these transactions have flown "under the radar" because they were below the Hart-Scott-Rodino Act's reporting threshold.

By Karen Hoffman Lent and Kenneth Schwartz

10 minute read

April 10, 2024 | New York Law Journal

While RWI policies are manuscripted policies separately negotiated for each transaction, the vast majority contain arbitration clauses, meaning that claim disputes are resolved privately without published court rulings. The recent ruling in 'Novolex Holdings v. Illinois Union Insurance' sheds some light on one of these claim disputes, while also providing important lessons for insurers and M&A practitioners.

By Howard B. Epstein and Theodore A. Keyes

8 minute read

April 10, 2024 | New York Law Journal

This article explores so-called "scrivener's errors"—a mistake that occurs when parties have reached a mutual oral agreement but the signed writing does not express that agreement and one of the parties seeks to reform the contract.

By Lara Flath, Jacob Fargo and Gaby Colvin

8 minute read