Kylie Marshall

January 19, 2024 | New York Law Journal

To ring out the old year on an otherworldly note, the Western District of Pennsylvania issued a preliminary injunction in a case involving the unauthorized copying of an inflatable adult Halloween costume that created the "whimsical" illusion that the wearer was being carried around by a seven-foot-tall green space alien.

By Robert W. Clarida and Thomas Kjellberg

6 minute read

January 18, 2024 | New York Law Journal

In this article, Daniel Pollack and Kerianne Morrissey explain how appointing relevant medical personnel and domestic violence survivors would strengthen the domestic violence review team's objectives and save lives.

By Daniel Pollack and Kerianne Morrissey

4 minute read

January 18, 2024 | New York Law Journal

This article is the second (of two) to consider New York City Bar Association Committee on Professional and Judicial Ethics Formal Opinion 2023-1 addressing "Attorney Departing From a Law Firm." In this article, Anthony Davis and Janis Meyer discuss the Opinion's further treatment of the subjects of communications with clients.

By Anthony E. Davis and Janis M. Meyer

9 minute read

January 17, 2024 | New York Law Journal

This month, Katryna Kristoferson and David Horowitz visit two lesser-known and used CPLR devices: the summons with notice and a motion for pre-action disclosure. This column is joined by Justice Barbara Jaffe (Ret.), who writes on the summons with notice, including an interesting experience she encountered with the device while on the bench. Katryna then takes the laboring oar and writes on pre-action disclosure.

By Katryna L. Kristoferson, David Paul Horowitz and Barbara Jaffe

13 minute read

January 17, 2024 | New York Law Journal

On Jan. 16, 2024, the Supreme Court heard 'MacQuarie Infrastructure Corp. v. Moab Partners L.P.', which will presumably resolve a circuit split. The question before the court is whether the Second Circuit erred in holding "that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under §10(b) of the Exchange Act, even in the absence of an otherwise misleading statement."

By John Coffee

10 minute read

January 17, 2024 | New York Law Journal

Over the past year, federal courts have issued decisions clarifying the extent to which §6103 shields tax returns and return information from disclosure in civil litigation, the extent to which the IRS is permitted to disclose confidential information during and in connection with investigations, and the application of a safe harbor shielding the government from liability for unauthorized disclosures.

By Jeremy H. Temkin

10 minute read

January 16, 2024 | New York Law Journal

Philip Wagman, chair of the Tax Section, writes: The Tax Section provides members with opportunities to research and learn more about these tax issues and a host of other current developments in the tax law.

By Philip Wagman, Chair, Tax Section

3 minute read

January 16, 2024 | New York Law Journal

In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.

By Linton Mann III and William T. Russell Jr.

7 minute read

January 16, 2024 | New York Law Journal

When an unexplained injury occurs in an area remote from the operative field while a patient is anesthetized, the doctrine of res ipsa loquitur may support an inference and will be considered in whether a prima facie case has been established.

By John Lyddane

8 minute read

January 12, 2024 | New York Law Journal

Richard C. Lewis, President of the New York State Bar Association, writes: Erasing AI's misunderstood stereotypes can best be accomplished by first gaining a clearer picture of it. Most important is the realization that AI doesn't have a mind of its own.

By Richard C. Lewis, President, New York State Bar Association

4 minute read