February 09, 2024 | New York Law Journal
Get a Warrant: The Government's Unconstitutional Practice of Subpoenaing Private Text Messages Directly from Personal Cell PhonesThis article examines Supreme Court precedent requiring a warrant to search a cell phone, and what lawyers should consider when counseling clients on whether they should turn over text messages in response to a government subpoena.
By Michael P. Robotti and Lauren Engelmyer
18 minute read
February 08, 2024 | New York Law Journal
Felon in Possession, New York Gun Ban and Disqualification of CounselThis column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.
By Thomas Kissane and John Moore
9 minute read
February 08, 2024 | New York Law Journal
Title IX: A Paradigm of Legal NuanceTitle 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
SDNY Outreach to 'Whistleblowers' Takes Page from Main Justice PlaybookThe 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
Conducting Effective Workplace InvestigationsThis 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
Spoliation of Evidence in Malpractice ActionsThere 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
Federal Rule 37(e) Applies to Content and Metadata of ESISince 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
Court of Appeals Upholds Sweeping Premise of New Discovery LawIn '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
The Current (and Future) State of AI in Legal FinanceIn 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
Local Law 97: Condominium and Cooperatives Facing Unique Financing ChallengesAs 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
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