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Kylie Marshall

Kylie Marshall

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October 11, 2023 | New York Law Journal

How to Keep End-of-Year Productivity High as Budgets Run Low

There's nothing quite like planning your strategy for the new year to motivate your legal team. Of course, you have to get through the fourth quarter before you can tackle that new set of plans and priorities. This article provides some tips for stretching the budget, getting the work out and keeping your team engaged through the close of 2023.

By Leslie A. Firtell

5 minute read

October 11, 2023 | New York Law Journal

Maintaining Attorney-Client Privilege Even Without an Attorney: Recent Application of the Common Interest Doctrine

A recent decision from the Commercial Division of the Supreme Court, New York County highlights the potential importance of—and protection offered by—the sometimes overlooked sibling of attorney-client privilege: the common interest doctrine.

By Lara Flath, Judy Flumenbaum and Jacob Fargo

6 minute read

October 11, 2023 | New York Law Journal

FIFA Reversal Signals Limits to DOJ's Role as World's Bribery Cop

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss how the latest decision out of the Eastern District of New York in the long-running FIFA saga has the potential to substantially curtail U.S. efforts to police foreign commercial bribery.

By Robert J. Anello and Richard F. Albert

11 minute read

October 10, 2023 | New York Law Journal

'Duty To Negotiate In Good Faith' Claim Defeated; 'SIGA' Reach Is Narrowed

Corporate attorneys and clients will be relieved to learn of a federal jury verdict and judge's decision that, together, limit the potential reach of the "duty to negotiate in good faith" that can arise during the early phase of a potential transaction.

By Jacqueline G. Veit, Elizabeth C. Conway and Kelsey J. Davis

8 minute read

October 10, 2023 | New York Law Journal

Contracts for AI Applications: Protecting Privacy and Data

The rapid expansion of business and consumer applications that utilize artificial intelligence is a new challenge for counsel drafting or negotiating previously routine agreements for computer services. This article highlights some novel issues counsel must address when encountering systems that utilize AI.

By Peter Brown

10 minute read

October 10, 2023 | New York Law Journal

A Reminder on World Mental Health Day: Law Firms Can Be Good Places To Make Friends

Today is World Mental Health Day, an important day to recognize how our mental health and happiness depend on our social connections and friendships. This is true both inside and outside of our offices, because friendships formed at work can help lawyers manage a successful, healthy and satisfying legal career.

By Lori L. Pines

5 minute read

October 06, 2023 | Law.com

Tenth Circuit Confirms Constitutionality of Ban on Felons' Firearm Possession in Wake of 'Bruen'

After considering the Supreme Court's new test on the scope of the Second Amendment right to possess firearms, the Tenth Circuit reaffirmed its longstanding precedent upholding the constitutionality of a federal statutory ban on convicted felons' possession of firearms, even for nonviolent felons.

By Stephen Masciocchi and Tina Van Bockern

5 minute read

October 06, 2023 | New York Law Journal

When Someone Else Pays a Criminal Lawyer's Fees

In his Ethics and Criminal Practice column, Joel Cohen discusses the ethics regarding complex criminal investigations where a third party—the target of the investigation—pays their employees' legal fees as part of the inquiry.

By Joel Cohen

11 minute read

October 05, 2023 | New York Law Journal

New Foreign State Immunity Law Opens Door for China To Target Foreign Businesses

Unexpected geopolitical shifts and deteriorating relationships between authoritarian powers and their neighbors can have disastrous consequences for foreign businesses operating in those countries. China's new Foreign State Immunity Law could be an example of such risks.

By Benjamin Qiu and Sam Goodman

7 minute read

October 05, 2023 | New York Law Journal

Using Professional Ethics to Discredit Opposing Expert Witness Testimony

All attorneys must abide by the Rules of Professional Conduct, but many fail to realize that similar requirements apply to most individuals providing expert testimony. These standards can provide ammunition for impeachment when expert witnesses fail to abide by the ethical requirements of their field.

By Ben Rubinowitz and Evan Torgan

10 minute read