Kylie Marshall

November 03, 2023 | New York Law Journal

More often than not, it is the fiduciary that is looking for the court to tell them what to do or otherwise agree with what they want to do. In this article, C. Raymond Radigan and Margaret B. Rahner highlight the ambiguity in intent and uncertainty in the direction for the fiduciary to follow.

By C. Raymond Radigan and Margaret B. Rahner

6 minute read

November 03, 2023 | New York Law Journal

A recent decision in a vaccine-mandate lawsuit held that state court judges are not "employees" of the court system under Title VII, showing that lawsuits brought in response to pandemic-era employment restrictions have not become moot as the world continues to transition to a post-COVID mindset.

By Jordan Sklar and Alessandro J. Angelori

7 minute read

November 03, 2023 | New York Law Journal

Paid sick leave law in the United States is as volatile and complex as any area of employment law. New York's paid sick leave story in particular serves as a microcosm for the nation's larger law proliferation, as both impose heavy burdens on covered employer and often lead employers to ask: when will there be a federal solution?

By Joshua Seidman, Marlin Duro-Martinez and Bernie Olshansky

8 minute read

November 02, 2023 | New York Law Journal

With last year's Court of Appeals decision in 'Bonczar v. American Multi-Cinema', the issue concerning the "sole proximate cause" defense remains unresolved. However, 'Bonczar' presents a new issue that arises in many construction litigation cases but is far broader than construction and personal injury litigation.

By Brian J. Shoot

23 minute read

November 01, 2023 | New York Law Journal

Lawsuits under the FCA can help to reduce fraud, and can lower the costs of federal insurance and other federal programs. One of the first things that parties bringing such actions, as well as defendants who are sued, should consider is whether the public disclosure bar applies.

By Michael A. Sirignano

10 minute read

November 01, 2023 | New York Law Journal

The CFTC recently added a few new tools to its enforcement toolkit, most notably a new policy to seek admissions as a condition of resolving an enforcement action in certain cases.

By William F. Johnson

12 minute read

November 01, 2023 | New York Law Journal

In this article, Joseph A. Fonti and Benjamin F. Burry discuss how a historic community garden in Manhattan won an injunction to stop a developer from destroying a mulberry tree on city-owned land.

By Joseph A. Fonti and Benjamin F. Burry

7 minute read

October 31, 2023 | New York Law Journal

When an appellant takes an appeal from an adverse order but subsequently decides not to perfect the appeal for whatever reason, affirmative steps should be taken to withdraw the appeal, lest it be deemed abandoned and automatically dismissed.

By Thomas R. Newman and Steven J. Ahmuty Jr.

11 minute read

October 30, 2023 | New York Law Journal

In this article, UrbanSitter CEO Lynn Perkins discusses the 'child care cliff' that has emerged from government funding for child care falling short and presents strategies employers can implement to ease the burden for working parents.

By Lynn Perkins

4 minute read

October 27, 2023 | New York Law Journal

In this article, Zach Olsen and Jesse Dungan of communications firm Infinite Global raise eight questions to consider when a law firm becomes the victim of a cyber attack.

By Zach Olsen and Jesse Dungan

7 minute read