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Kylie Marshall

Kylie Marshall

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February 27, 2024 | New York Law Journal

A Career-Ending Collision at Sea

In his Admiralty Law column, James E. Mercante discusses the collision between Navy warship USS John S. McCain and oil and chemical tanker Alnic MC, as well as the trial that followed in the Southern District of New York.

By James E. Mercante

9 minute read

February 27, 2024 | New York Law Journal

'The Resource Group International v. Chishti'

In 'The Resource Group International v. Chishti', the Second Circuit considered the propriety of a pending arbitration and whether being improperly forced to arbitrate can satisfy the requirements for a preliminary injunction. It vacated and remanded the district court's order denying a motion for preliminary injunction that would have stayed the arbitration.

By Martin Flumenbaum and Brad S. Karp

8 minute read

February 26, 2024 | New York Law Journal

Special Computer Skills and the Federal Sentencing Adjustment of U.S.S.G. §3B1.3

In his Cyber Crime column, Peter A. Crusco discusses how courts define a special skill and how that adjustment may impact a defendant who utilized his computer skills to facilitate the commission of the offense for which he stands convicted.

By Peter A. Crusco

9 minute read

February 26, 2024 | New York Law Journal

The Future of Wills in New York

It is well established law in New York that to be valid, a will, with minor exceptions, must be in writing. It appears this is about to change. A bill has been introduced in the New York Assembly, which adds a new Part 6 authorizing "electronic wills" to Article 3 of the Estates, Powers and Trusts Law.

By Renee R. Roth and William P. LaPiana

11 minute read

February 23, 2024 | New York Law Journal

New York Court Ruling Holds No Private Right of Action for Pay Frequency Claims

Two recent events may mark the end of the "frequency-of-pay" litigation that has hit New York employers in recent years. It is important to look at the background surrounding the uptick in pay frequency claims, the Second Department's decision and Governor Hochul's Executive Budget Proposal, as they could have major implications for employees and employers in the years to come.

By Allen A. Shoikhetbrod and Jared Cook

6 minute read

February 23, 2024 | New York Law Journal

Practical Pointers for Defending Claims Under New York's Adult Survivors Act

For a lawyer in the position of trying to defend against an ancient sexual assault allegation, this article provides some suggestions on how to collect the evidence necessary to defend a case of this nature:

By Helene R. Hechtkopf

6 minute read

February 23, 2024 | New York Law Journal

Navigating Executive Compensation Negotiations: Balancing Behavior and Legality

Recent coverage of Elon Musk's public compensation negotiations with the Tesla board of directors has put the spotlight on the art of negotiating executive pay. Lawyers advising clients in similar negotiations must bring both an understanding of the law and awareness of the behavioral factors in play to negotiate a legal deal that satisfies all parties.

By Monica Delgado and Jonathan Harris

8 minute read

February 23, 2024 | New York Law Journal

NYC Takes On Weight and Height Discrimination: Key Takeaways for Employers

New York City has amended its Human Rights Law, Title 8 of the Administrative Code, to prohibit discrimination in employment, housing and public accommodations based on an individual's height and/or weight. It now includes height and weight in its long list of protected characteristics that cannot be used to discriminate against employees.

By Pascal Mayer and Greg Demers

9 minute read

February 23, 2024 | New York Law Journal

New NY Statute Restricts Access to Employee Social Media; Imposes Notice Requirements

Governor Hochul signed a bill into law with significant implications for employers impacting both the employee hiring process, and employees generally speaking. Specifically, it prohibits employers from requiring the disclosure of private, personal social media account information.

By Joshua S. Bauchner and Jed M. Weiss

6 minute read

February 23, 2024 | New York Law Journal

2024 Charitable Deductions: Donor Benefits and Expenses

Each year, the IRS adjusts charitable gift rules, tax tables, personal exemptions, standard deductions and other tax provisions. This article highlights the key charitable figures for 2024.

By Conrad Teitell

3 minute read