Kylie Marshall

December 05, 2023 | New York Law Journal

In 1993, Kerson and the Vermont Law School entered into an agreement for Kerson to paint two murals on the walls of the upper level of the Chase Community Center. During the summer of 2020, the law school's president received a petition demanding the removal of the murals. Kerson sued the law school, seeking a preliminary injunction enjoining it from placing panels over the murals, invoking his rights under VARA.

By Thomas Kjellberg and Robert W. Clarida

10 minute read

December 05, 2023 | New York Law Journal

This article explains the current legal landscape employers face in evaluating requests for accommodations on the basis of religion or disability by explaining the recently announced standards for assessing requests for religious accommodations and summarizing the longstanding standards for assessing requests for disability-related accommodations.

By Nicholas J. Pappas and Jack Sullivan

9 minute read

December 04, 2023 | New York Law Journal

When notice of a medical malpractice claim is not filed timely and the statute of limitations to bring a motion for permission to serve a late notice of claim expires, a court is not required to grant relief. The only avenue for a claimant who failed to file timely may be to argue the municipal defendant should be equitably estopped from seeking dismissal. The application of this doctrine to notices of claim and municipal hospitals is the subject of this article.

By Thomas A. Moore and Matthew Gaier

16 minute read

December 04, 2023 | New York Law Journal

The New York Police Department has conducted thousands of automobile inventory searches. For the first time, however, the New York Court of Appeals has held that the police department's protocol authorizing these searches meets constitutional standards.

By Barry Kamins

7 minute read

December 04, 2023 | New York Law Journal

It has become a matter of course in e-discovery to target for collection the ESI of individuals or groups likely to have potentially relevant information. Even though requesting and responding parties generally work to balance discovery obligations and protections, which "custodians" to include in the scope of discovery is often a point of contention.

By Christopher Boehning and Daniel J. Toal

8 minute read

December 01, 2023 | New York Law Journal

The U.S. Department of Justice (DOJ) is adding to its toolkit to encourage voluntary self-disclosures in the corporate criminal enforcement space—this time in connection with mergers and acquisitions. Under the new M&A Safe Harbor Policy, such acquiring firms will receive the presumption of a declination, presuming the acquiring company timely self-reports the misconduct, cooperates in the investigation, and engages in appropriate and timely remediation.

By Amy Greer, Christopher Nasson and Anna L'Hommedieu

8 minute read

December 01, 2023 | New York Law Journal

As this column has frequently highlighted, the New York Division of Taxation is not afraid to pursue aggressive positions in order to assess and collect revenue for the state. However, many taxpayers may be unaware of one of the more potent tools at the disposal of the division: the ability to suspend a taxpayer's driver's license for non-payment of substantial back taxes.

By Joseph Lipari and Aaron S. Gaynor

8 minute read

December 01, 2023 | New York Law Journal

As 2023 draws to a close, we consider some of the decisions in the fourth quarter affecting the field of trusts and estates. Of particular note are the opinions discussed below addressed to such issues as contracts to make a will, in terrorem clauses and termination of trusts.

By Ilene Sherwyn Cooper

9 minute read

December 01, 2023 | New York Law Journal

SEC settlements are meant to serve a public good by providing clear guidance as to the rules of the road and the consequences of ignoring them. Yet SEC settlements often lack explanation as to how the civil monetary penalties were calculated per the statutory framework or why such penalties were appropriate under the circumstances.

By Michael J. Osnato Jr., Meaghan Kelly and Stephanie Hon

10 minute read

December 01, 2023 | New York Law Journal

The DOJ's Criminal Division issued three declinations since the issuance of the revised Corporate Enforcement Policy 11 months ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

By Jolie Apicella

6 minute read