Kylie Marshall

October 19, 2023 | New York Law Journal

The immigration "crisis" narrative of recent years misses an important point: that the instinct to ban refugees has forced the current predicament in the first place. Further, this reactionary path has weakened the federal government's capacity to respond constructively to global displacement.

By Mariko Hirose

5 minute read

October 19, 2023 | New York Law Journal

Historically, New York courts have viewed the internal affairs doctrine as strict and mandatory; however, they have recently softened this approach and apply a more discretionary standard. This article examines the evolution of these judicial approaches and recent Commercial Division cases reflecting their application.

By Thomas J. Hall and Judith A. Archer

10 minute read

October 18, 2023 | New York Law Journal

In this article, second-year law student Lola Todman makes a case for why the criteria that qualifies candidates for legal jobs should be broadened and emphasizes that broadening this criteria should not be confused with weakening it.

By Lola Todman

5 minute read

October 18, 2023 | New York Law Journal

'Hyatt Hotels v. Commissioner' underscores that even an approach to accounting for income and expenses that has been applied consistently by a taxpayer over many years is not necessarily a "method of accounting" subject to the government's broad power to impose adjustments under Section 481(a).

By David E. Kahen and Elliot Pisem

10 minute read

October 18, 2023 | New York Law Journal

Recently, Georgetown Law hosted its 17th Annual Global Antitrust Enforcement Symposium and Fordham Law hosted its 50th Annual Conference on International Antitrust Law and Policy. This article highlights some topics discussed at these events, such as DOJ and FTC draft merger guidelines, merger enforcement and remedies, labor, AI and international enforcer perspectives.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

October 17, 2023 | New York Law Journal

When franchising burst on the American economic scene in the 1950s and 1960s, no franchise-specific laws, rules or regulations were there to greet it. This article provides an overview of the laws, rules and regulations that have since developed that govern franchising in the United States.

By David J. Kaufmann

9 minute read

October 16, 2023 | New York Law Journal

This article focuses on 'My Mavens v. Grubhub' and discusses how courts are unlikely to allow parties to base their allegations in a pleading on information they learned during settlement discussions, even if the information could later be obtained through discovery.

By Edward M. Spiro and Christopher B. Harwood

8 minute read

October 16, 2023 | New York Law Journal

Previously in this column, Katryna L. Kristoferson and David Paul Horowitz touched on changes in practice since the pandemic while discussing more globally the changes in law practice. In this article, they delve deeper into the ways COVID has altered law practice, as well as the lasting effects.

By Katryna L. Kristoferson and David Paul Horowitz

8 minute read

October 16, 2023 | New York Law Journal

The U.S. Supreme Court has granted certiorari in two cases involving government officials who blocked individuals from their social media accounts. The issue presented to the court is whether government officials who block members of the public from their personal social media accounts are engaging in "state action" or private conduct.

By Amanda R. Griner and Deborah M. Isaacson

9 minute read

October 16, 2023 | New York Law Journal

The repeated need to correct Toby Kleinman's misinformation is unfair to readers of this publication and to those of us who understand that such misinformation in this very specialized area of law is dangerous to families and children.

By Elliott Scheinberg, Lawrence Jay Braunstein, Robert Z. Dobrish, Lee Rosenberg and Adam John Wolff

10 minute read