Kylie Marshall

December 19, 2023 | New York Law Journal

The statute that governs arbitrations seated in England is in the process of being amended, with the U.K. government having a new Arbitration Bill into parliament in November 2023. In this article, John Fellas discusses one amendment, of which it is important that practitioners in other countries are aware.

By John Fellas

12 minute read

December 19, 2023 | New York Law Journal

The New York Court of Appeals released 18 opinions in November, the most in a single month in more than four years. One such opinion was 'People v. Cuencas' , in which the Court of Appeals considered whether the police had a reasonable basis to believe that a third party provided consent to enter a premises where the police found and arrested the defendants without a warrant.

By Linton Mann III and William T. Russell Jr.

10 minute read

December 18, 2023 | New York Law Journal

A 2021 survey by Common Sense Media found that 88% of children between the ages of 13 and 18 had their own smartphone and 57% of children between the ages of 8 and 12 had their own tablet. The survey results caught the attention of the FTC, which actively enforces the Children's Online Privacy Protection Rule. The FTC now has issued a staff report, "Protecting Kids from Stealth Advertising in Digital Media", based on what it learned from its October workshop on the topic.

By Amanda R. Griner and Deborah M. Isaacson

9 minute read

December 18, 2023 | New York Law Journal

The idea of something being true, but inaccurate, is not just movie fodder. It often arises in litigation, specifically in witness testimony. When during deposition preparation does coaching cross over from permissible to impermissible? Really, the answer depends on what, and how you do it.

By Katryna L. Kristoferson and David Paul Horowitz

13 minute read

December 18, 2023 | New York Law Journal

Although some courts have concluded that indemnification and contribution claims are available for claims arising under a federal statute only if the statute expressly or impliedly provides for them, other courts have addressed the issue by conducting a traditional preemption analysis. The Second Circuit has not addressed the issue, and district courts within the circuit have taken both approaches. District Judge Jed S. Rakoff of the Southern District of New York recently addressed this issue in the context of the Trafficking Victims Protection Act.

By Edward M. Spiro and Christopher B. Harwood

9 minute read

December 15, 2023 | New York Law Journal

As readers of this column know, New York's journey to bring its regulated adult-use cannabis market has been a tortured one. With the most recent challenge—an injunction in 'Fiore v. New York'—resolved, New York finally looks to get the legal market going in 2024. As discussed in this article, however, challenges remain.

By Alex Malyshev

8 minute read

December 14, 2023 | New York Law Journal

This column focuses on the first ground for seeking reformation, mutual mistake and addresses recent Commercial Division decisions that have struggled with that issue.

By Thomas J. Hall and Judith A. Archer

11 minute read

December 14, 2023 | New York Law Journal

This issue of the Bankruptcy Update focuses on recent logistics industry bankruptcy cases of Yellow Corporation and Western Global Airlines.

By Edward E. Neiger and Marianna Udem

5 minute read

December 13, 2023 | New York Law Journal

A recent decision from the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.

By Robert J. Anello and Richard F. Albert

12 minute read

December 13, 2023 | New York Law Journal

In this article, retired Supreme Court, Suffolk County justice Paul J. Baisley Jr. reflects on his time as an arbitrator and discusses his expectations and methods associated with the job.

By Paul J. Baisley Jr.

8 minute read