Kylie Marshall

November 22, 2023 | New York Law Journal

Over the past several years, franchisors and their advocates have created a "monster in the closet" mentality about the prospect of joint employer liability. multiple franchisor advocates have proclaimed the joint employer doctrine, if extended to franchisors, would destroy the franchise model.

By Ronald K. Gardner

6 minute read

November 22, 2023 | New York Law Journal

The title of this article suggests a notion that, in light of the highly complex and sophisticated rules of appellate procedure, is absurd. However, this very issue lies at the heart of the majority's compelling opinion, penned by Presiding Justice Diane T. Renwick, in 'Favourite v Cico'.

By Elliott Scheinberg

14 minute read

November 22, 2023 | New York Law Journal

In its recent decision in 'SEC v. Govil', the Second Circuit limited the SEC's power by construing "victims" to be limited to those who suffer pecuniary harm. This holding will likely prevent the SEC from obtaining disgorgement in numerous types of cases, such as those involving books and records or registration violations, and even insider trading.

By Thomas McKay

7 minute read

November 22, 2023 | New York Law Journal

This article considers a recent opinion from the New York City Bar Association Committee on Professional and Judicial Ethics Opinion 2023-1 on the topic of attorneys departing from a law firm. This is a subject we have frequently discussed in this column in the past, albeit not recently, and the opinion is a useful summary of the guiding principles involved when lawyers move between law firms.

By Anthony E. Davis and Janis M. Meyer

9 minute read

November 21, 2023 | New York Law Journal

Obviousness is one of the most challenging and amorphous issues in U.S. patent law, and one that all practitioners—litigators and patent prosecutors alike—inevitably confront on a regular basis. Federal Circuit decisions analyzing the issue of obviousness can be complex and, sometimes, seemingly subjective.

By Rob Maier

7 minute read

November 21, 2023 | New York Law Journal

In 'Krasner', the Second Circuit considered whether the securities-related exception to the federal jurisdiction conferred by CAFA prohibited removal to federal court of a class action alleging aiding and abetting the breach of fiduciary duties and tortious interference claims. This decision is another instance where the circuit has adopted an expansive interpretation of the exception.

By Martin Flumenbaum and Brad S. Karp

7 minute read

November 20, 2023 | New York Law Journal

Does anyone doubt the existence of bias? Likely not, but recognizing bias is not always easy. When overt, it is hard to miss. When covert, it can be difficult, if not impossible, to discern. Yet there are many cleverly designed, scientifically sound studies that can reveal the existence of bias, even when the subject consciously or unconsciously attempts to prevent its revelation.

By Katryna L. Kristoferson and David Paul Horowitz

14 minute read

November 20, 2023 | New York Law Journal

If a private entity wants to take on the very lucrative role of "authenticator" for the entire digital financial system, should it take on the liability as well? If we agree to hand over the job of policing digital identity to a private actor, should that actor also compensate us when the system fails?

By Stephen M. Kramarsky

11 minute read

November 20, 2023 | New York Law Journal

The first half of this series, addressing the historical development of the law in New York on the professional reliability exception to the rule against hearsay, was published on Sept. 18, 2023. This second segment discusses how the professional reliability exception has been applied to the process of medical malpractice adjudication.

By John Lyddane

7 minute read

November 17, 2023 | New York Law Journal

When is the best time to undertake mediation of a dispute? In this article, Robert J. Jossen presents 10 observations that can bring light to this complex questions.

By Robert J. Jossen

8 minute read