Kylie Marshall

December 08, 2023 | New York Law Journal

New York's Legislature should revise the Red Flag Law to expressly comport with the form and content requirements of search warrant applications pursuant to CPL 690. These revisions would preserve the goals of the Red Flag Law and also act to safeguard those protections afforded by the United States and New York State Constitution.

By Lance H. Klein and Robert Zitt

8 minute read

December 08, 2023 | New York Law Journal

This article focuses on the confirmation of BlockFi's Chapter 11 plan, and the lessons learned from the case.

By Kenneth Aulet and Shari Dwoskin

8 minute read

December 08, 2023 | New York Law Journal

The crime-fraud exception often presents a quandary to attorney-client privilege. Is your client's question to you—and your advice—protected by that privilege, or must you disclose it to a grand jury should you be served a subpeona seeking information about any conversations you may have had with a client about extradition? If the crime-fraud exception applies, should you have also considered telling your client of that possibility when they first asked you the question and avoiding the issue altogether?

By James Mitchell and Kelly Lin

8 minute read

December 08, 2023 | New York Law Journal

The rapid growth of artificial intelligence has created numerous opportunities for increased efficiency, but that efficiency may create a corresponding risk of increased class action litigation. For example, AI can be deployed to improve the speed of customer interactions with a business, but alleged inaccuracies in AI-generated communications or decisions could give rise to class action consumer protection litigation.

By James Pastore, Maura Monaghan and Harold Williford

9 minute read

December 08, 2023 | New York Law Journal

In February 2023, the DOAR Research Center sought to shed light on changing attitudes toward the pharmaceutical industry by conducting a survey, which questioned respondents on their opinions of the pharmaceutical industry and their COVID-19 experiences. This article highlights the results of the survey.

By Ellen Brickman and Chad Lackey

8 minute read

December 08, 2023 | New York Law Journal

Many states have enacted statutes curtailing lawsuits designed to chill free speech. Known as anti-SLAPP statutes, these laws often include mechanisms to protect defendants from the burdens of litigation—for example, by allowing defendants to obtain a prompt dismissal through a special pre-trial motion, to avoid discovery and to recover their attorneys' fees upon prevailing.

By Craig Reiser, Eva Yung and Claire Haws

8 minute read

December 08, 2023 | New York Law Journal

The Emergency Rental Assistance Program was created to provide economic relief to low- and moderate-income households at risk of homelessness due to the pandemic. The program was rushed to meet the immediate threat of evictions due to the COVID shutdowns, and the hastiness of ERAP's creation has led to a wave of litigation, including a recent New York Supreme Court ruling.

By Michelle P. Quinn

6 minute read

December 08, 2023 | New York Law Journal

It would make sense for a nonprofit in New York City to understand the benefits of leasehold condominiums and the value of the 420-a Exemption. This is especially true if your nonprofit operates a homeless shelter, which, per the DOF, is a nonresidential purpose entitling your organization to robust tax relief.

By Erica F. Buckley

6 minute read

December 07, 2023 | New York Law Journal

When a U.S. citizen marries a noncitizen, the foreign spouse does not automatically obtain the right to live in the United States permanently. Instead, if the spouse does not have permanent status already, the U.S. citizen must submit a petition and accede to the process of proving the marital relationship to USCIS. Should the consular officer's fateful decision to issue a spousal visa be subject to any degree of judicial oversight? In a petition for certiorari before the U.S. Supreme Court, the Solicitor General is urging the court to take up the question and answer it in the negative to the detriment of millions of U.S. citizens.

By Mariko Hirose

6 minute read

December 07, 2023 | New York Law Journal

New York state is poised to enact a radical change to its employment laws: the elimination of all noncompetition agreements. A sweeping bill passed by the state Legislature in June 2023 now awaits signature from Governor Kathy Hochul, who is considering the measure. Although well-intentioned, this legislation is deeply misguided. The governor would be wise to reject it.

By Linda M. Jackson and Brian Farkas

6 minute read