Kylie Marshall

January 04, 2024 | New York Law Journal

Sometimes the "cause" standard in employment contracts specifies particular misconduct and a minimum level of culpability, such as "gross negligence" or "recklessness." Sometimes it's undefined. Either way, these provisions leave open a critical issue: the relevance of the employer's honesty, good faith and evenhandedness in applying the "cause" standard. Surprisingly, the New York case law on this point is a mixed bag.

By Curtis B. Leitner and Justyn B. Stokely

8 minute read

January 03, 2024 | New York Law Journal

The U.S. Supreme Court granted certiorari in 'McIntosh v. United States' to determine whether a district court may enter a preliminary order of forfeiture divesting a defendant of his or her property outside the time limits set forth in the Federal Rules of Criminal Procedure. The court's decision in 'McIntosh' may clarify whether the government can be strictly held to the kinds of deadlines that bedevil every other litigant.

By Evan T. Barr

8 minute read

January 03, 2024 | New York Law Journal

In their Law Firm Management column, Clay Steward and Kelsey Eidbo of Infinite Global discuss the concept of reputational resilience and emphasize how firms steadfastly building a positive reputation well in advance of any real or perceived threat are most likely to withstand a crisis when it does inevitably emerge.

By Clay Steward and Kelsey Eidbo

9 minute read

January 03, 2024 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins explores the historic role of fault in equitable distribution and considers recent decisions that suggest the forces of change may be afoot.

By Timothy M. Tippins

12 minute read

January 02, 2024 | New York Law Journal

This article proposes a solution to prosecutorial immunity for the civil rights plaintiffs' bar. It is a path that allows victims of prosecutorial misconduct to recover damages for malicious prosecutions while, at the same time, paying heed to the legitimate interest in allowing prosecutors to focus on their difficult jobs without being stymied by the fear of lawsuits.

By Alexander Klein

7 minute read

January 02, 2024 | New York Law Journal

This article adds to the authors' discussion from "Stare Decisis in Federal and State Courts", published to the New York Law Journal on Nov. 3, 2020, and covers the application of stare decisis in cases in New York courts.

By Thomas R. Newman and Steven J. Ahmuty Jr.

7 minute read

December 29, 2023 | New York Law Journal

President Biden recently issued an executive order entitled "The Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" seeking to promote "safe, secure and trustworthy development and use of artificial intelligence." AI has been imbedded as part of businesses' operations for years, but only recently has it reached world-wide mainstream advocacy in both its most positive and negative forms.

By Mark A. Berman

6 minute read

December 29, 2023 | New York Law Journal

In 2019, the New York Legislature enacted the Child Victim's Act, which revived claims of sexual abuse against a child who was less than 18 years old when the abuse occurred that were barred by the statute of limitations. The statute clearly applies to claims based on New York state law, but does the New York law also apply to §1983 claims?

By Martin A. Schwartz

10 minute read

December 29, 2023 | New York Law Journal

May a motion court grant relief to a cross movant who requested relief only in its opposition papers to a motion without having filed the formal notice of cross motion prescribed in CPLR 2215? If the motion court denies the sought relief, is that denial appealable as of right, by leave?

By Elliott Scheinberg

14 minute read

December 28, 2023 | New York Law Journal

Heading into the new year, employers should be mindful of recent updates to New York state and city law. In the past few months, New York has enacted new laws, amended current laws and updated rules concerning social media, settlement agreements, captive audience meetings, wage payment, size bias, and safe and sick time.

By David E. Schwartz and Emily D. Safko

8 minute read