Kylie Marshall

April 05, 2024 | New York Law Journal

Today, nearly one in three matters is performed under an alternative fee arrangement, with flat fees being the most common. If your clients are seeking these agreements, following best practices for incorporating legal tech into your organization can optimize your alternative fee portfolio

By Chris Finley

7 minute read

April 05, 2024 | New York Law Journal

This article explores the evolving contours of the implied covenant, as applied to discretionary contractual rights, and offers practical guidance for decision makers and counterparties to consider when dealing with contractual discretion.

By Gregg L. Weiner, Andrew S. Todres and Mohammed S. Hassan

8 minute read

April 05, 2024 | New York Law Journal

Artificial intelligence has proliferated the health care sector, sparking litigation and increased regulatory activity. This article analyzes the impact of AI in health care and regulatory agencies' efforts to keep up—all against the backdrop of a potentially weakened 'Chevron' deference framework.

By Valerie Cohen and Sophia Porotsky

8 minute read

April 04, 2024 | New York Law Journal

This article discusses Governor Kathy Hochul's proposed plan, which includes an assessment of the OCM and new enforcement legislation, to improve the rollout of New York's adult-use cannabis program, which has been particularly troubled since its authorization three years ago.

By Alex Malyshev

5 minute read

April 04, 2024 | New York Law Journal

The purpose of this article is to set out guidelines for counsel and their clients to prepare an informative and productive mediation statement.

By John M. Delehanty

5 minute read

April 03, 2024 | New York Law Journal

'North Star' underscores the important distinction between nonexclusive and exclusive license agreements when foreclosing on a licensed asset. A licensee seeking to acquire use rights in trademarks encumbered by a perfected security interest should weigh the benefits under Section 9-321 of a nonexclusive license against possible commercial advantages of an exclusive license.

By Barbara M. Goodstein and Adam C. Wolk

9 minute read

April 03, 2024 | New York Law Journal

This article discusses two McCarthy-era Supreme Court decisions in conjunction with a current Congressional investigation that highlight how the First Amendment significantly limits the otherwise broad investigative authority of Congress.

By Christopher Dunn

9 minute read

April 03, 2024 | New York Law Journal

Inquiries received from Michael J. Hutter's previous Evidence column, together with the Supreme Court's grant of certiorari and then subsequent dismissal of the appeal as improvidently granted in 'In re Grand Jury', suggest a discussion of the status if dual purpose communications in New York is both timely and appropriate.

By Michael J. Hutter

13 minute read

April 02, 2024 | New York Law Journal

The evolution of AI programs presents an interesting dichotomy: If they are proven successful by increasing efficiency and enhancing effectiveness, should there also be a threshold mandate for their use in the legal profession, and if so, what ethical mandates should sit alongside such requirements?

By Frances Green and Rebecca Porter

9 minute read

April 02, 2024 | New York Law Journal

This article analyzes cases decided both before and after the SFFA decision to illustrate how employers and courts have considered race in implementing and assessing the legality of diversity initiatives. It then proposes questions employers may consider to ensure legal compliance while also promoting diversity objectives.

By Nicholas J. Pappas and Joshua Hughes

9 minute read