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Kylie Marshall

Kylie Marshall

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November 13, 2023 | New York Law Journal

United Kingdom Approves Online Safety Bill

The United Kingdom has approved the Online Safety Bill, which makes social media companies responsible to prevent and remove illegal or dangerous content, including posts relating to terrorism, child exploitation, hate crimes or fraud. These protections extend to both adults and children.

By Peter Brown

10 minute read

November 10, 2023 | New York Law Journal

Trend Watch: Out-of-Staters Finding the Basis for Personal Jurisdiction

This article explores the history of consent by registration in personal jurisdiction case law, recent decisions at the federal and state level and a proposed amendment in the New York Legislature to change the current law in New York.

By Adam C. Calvert and Brian Ramkissoon

8 minute read

November 10, 2023 | New York Law Journal

From Big Sky to the Big Apple: How Environmental Constitutionalism Could Shape New York Dockets

The challenges of guaranteeing the right to a clean and healthful environment will create many legal pariahs in trial courts and intermediate appellate courts, and in due time, New York's Court of Appeals will be confronted with the fresh face of this movement.

By Michael V. Caruso

8 minute read

November 10, 2023 | New York Law Journal

New York Business Corporation Law 1104-a Dissolution Actions: A Last Resort for Shareholders

This article delves into the reasons why shareholders should explore all other options before taking steps toward New York Business Corporate Law 1104-a dissolution and provides shareholders with viable alternatives to dissolution.

By Jim Milbrand and Sarah O'Brien

6 minute read

November 10, 2023 | New York Law Journal

Against a Backdrop of Economic Uncertainty, GCs Are Seeking To Increase Litigation Value

This article provides insights from the 2023 Litigation economics survey and reflects on how top in-house lawyers globally are changing the way they approach commercial disputes and legal risk.

By Aviva Will

8 minute read

November 10, 2023 | New York Law Journal

Juror Dynamics in a Post-Pandemic World: How COVID-19 Made It Harder for Jurors To Agree

Although the COVID-19 pandemic appears to have driven a wedge among jurors, there are steps parties and courts can take to foster greater cooperation that will benefit the jurors themselves, the parties and the overall civil justice system.

By Christina Marinakis, Juliana Manrique and Lee Popkin

7 minute read

November 09, 2023 | New York Law Journal

The Enduring Value in Appointing Moreland Commissions

New York state faces a number of complex challenges that would benefit from increased public education and debate around potential solutions. As reviewed in this article, Moreland Commissions have long been used as a tool by New York governors to investigate such issues with the assistance of third parties granted subpoena power.

By Adam H. Schuman

12 minute read

November 08, 2023 | New York Law Journal

SEC Attacks Non-Disclosure Agreements

The SEC recently issued imposed significant and costly sanctions against companies that require employees to sign non-disclosure agreements containing certain language either limiting employees from disclosing company confidential information without company approval, or representing that they have not filed complaints with government entities.

By Philip M. Berkowitz

6 minute read

November 08, 2023 | New York Law Journal

New York, New Jersey Adopt Laws Requiring Flood Risk Disclosure for Homebuyers, Tenants

In the wake of several incidents of unprecedented rainfall and disastrous flooding, both New York and New Jersey have adopted laws requiring the sellers of residential properties to tell buyers, and landlords to tell tenants, about known flood risks.

By Michael B. Gerrard and Edward McTiernan

7 minute read

November 08, 2023 | New York Law Journal

First Amendment Challenge, Section 1983 Claims, Failure To Show Irreparable Injury

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kovner dismissed a First Amendment challenge to a school district's policy of restricting comment at school board meetings to local residents. Judge Vitaliano granted defendants' motion to dismiss plaintiffs' claims under 42 U.S.C. §1983 concerning the Mitchell-Lama housing program. Judge Brown found that plaintiffs challenging New York state gun control legislation had not made a sufficient showing of irreparable injury to support preliminary injunctive relief.

By Thomas Kissane and John Moore

10 minute read