Kylie Marshall

February 08, 2024 | New York Law Journal

Title IX investigations are supposed to be a fair and effective tool to make informed decisions about student complaints. Not surprisingly, the practical application of this federal law is often as nuanced as the behaviors that brought about the complaint to begin with. A recent case demonstrates this very well.

By Helene M. Weiss and Daniel Pollack

4 minute read

February 07, 2024 | New York Law Journal

The Southern District of New York's latest tool in white-collar criminal enforcement, SDNY's Whistleblower Pilot Program, is the first of its kind, offering a non-prosecution agreement to individuals in exchange for working with SDNY prosecutors to "figure out what [they] don't know."

By Robert J. Anello and Richard F. Albert

12 minute read

February 06, 2024 | New York Law Journal

This article outlines a general framework for approaching investigations into employee complaints. The authors recommend that employers approach investigations with an organized and thoughtful plan that allows the investigator and the employer both to assuage understandable concerns of employees and create an environment where a focused fact-finding investigation can occur.

By Nicholas J. Pappas and Jennifer R. Coates

9 minute read

February 05, 2024 | New York Law Journal

There have been a significant number of Appellate Division decisions addressing motions by plaintiffs in malpractice actions seeking sanctions against defendants for spoliation of evidence, as well as a few involving malpractice defendants seeking sanctions against plaintiffs. Those decisions are the subject of this column.

By Thomas A. Moore and Matthew Gaier

15 minute read

February 05, 2024 | New York Law Journal

Since 2015, courts frequently have utilized Rule 37(e) when deciding motions for sanctions for ESI spoliation. One key question rarely addressed is whether, in addition to the content of ESI, Rule 37(e) also applies to its metadata. In a recent decision, where spoliated metadata would have provided details relevant to a party's claims, a court determined that it does.

By H. Christopher Boehning and Daniel J. Toal

8 minute read

February 05, 2024 | New York Law Journal

In 'People v. Bay', the court acknowledged the raison d'etre of the new law: that the People cannot be ready for trial without having fully complied with their discovery obligations.

By Barry Kamins

10 minute read

February 02, 2024 | New York Law Journal

In this article, David Perla of Burford Capital examines how AI is being used and can potentially be used in legal finance—the practice of providing financial resources and funding for litigation and arbitration claims. Specifically, he examines the role of AI in sourcing investments, making investment decisions and predicting outcomes once investments are established.

By David Perla

7 minute read

February 02, 2024 | New York Law Journal

As many building owners in New York City know, Local Law 97 went into effect on Jan. 1, 2024. It is an aggressive plan to cut harmful emissions in New York City by requiring, with some rare exceptions, buildings in excess of 25,000 square feet to reduce their carbon emissions by 40% in 2030 and 80% in 2050.

By Adam R. Sanders and Michael T. Carr

7 minute read

February 02, 2024 | New York Law Journal

This article provides an overview of the EU's Artificial Intelligence Act, a landmark regulation aimed at governing the development and use of AI in EU member states and other countries under specific circumstances. It will also examine the potential impact and interaction of the AI Act with the General Data Protection Regulation (GDPR), among other laws, rules and regulations.

By Anna Mercado Clark and Paula P. Plaza

8 minute read

February 02, 2024 | New York Law Journal

This article discusses the ultimate game-changer to the business of law: rapid developments in artificial intelligence. While AI may threaten the way firms have operated for more than a century, clients the authors of this article speak with are optimistic about the technology and are forcing the conversation.

By Lavinia Calvert, Guy Adams and Sharon Scenna

8 minute read