September 28, 2023 | New York Law Journal
Enhancing Customer Experience in the Insurance Industry With AIArtificial intelligence has taken the world by storm in 2023. This article provides an overview of how AI will revolutionize the customer experience in the insurance industry.
By Nick Williams and Bryan Boccelli
6 minute read
September 28, 2023 | New York Law Journal
Common Sense, but Whose? Parallel Proceedings Post-'Coinbase'Circuit courts have been divided as to whether a stay on the merits of district court proceedings is discretionary or mandatory when a party has appealed the denial of a motion to compel arbitration. The Supreme Court attempted to resolve this split with its decision in 'Coinbase v. Bielski,' which resulted in a split of its own.
By Will O'Brien, Levon Golendukhin and Rocio Monzón
7 minute read
September 27, 2023 | New York Law Journal
To Reinstate or Not To Reinstate Debt? That Is the Question in a Rising Interest Rate EnvironmentThis article provides an overview of reinstatement, explores the facts that led the 'Charter' court to allow reinstatement and the 'Young Broadcasting' court to reject it and explains how the rising interest rate environment may affect Chapter 11 plan confirmations.
By Stephen Selbst, Steven Smith and Luc Pierre-Louis
12 minute read
September 27, 2023 | New York Law Journal
Service by Electronic Means Under the Hague Service ConventionThis article examines the issue of serving by electronic means under the Hague Convention, including whether email service is permitted in countries that have specifically invoked their right under the convention to object to service by mail.
By Lawrence W. Newman and David Zaslowsky
10 minute read
September 27, 2023 | New York Law Journal
Filings With the Treasury and/or the IRSMost tax-related informational-type returns are filed with the IRS in coordination with income tax filing deadlines. However, there is at least one major deadline involving foreign assets that now requires filing with the Treasury. Another major reporting development involving the IRS and third-parties includes new filing rules.
By Sidney Kess
6 minute read
September 26, 2023 | New York Law Journal
Federal Circuit Scrutinizes PTAB Decision on Secondary ConsiderationsThis article covers the decision in 'Volvo Penta of the Americas v. Brunswick' and how it not only reinforces the advantages of drafting patent claims that cover the patentee's own products, but also shines light on the importance of diligently seeking discovery in competitor patent disputes to present evidence regarding secondary considerations of non-obviousness.
By Rob Maier
8 minute read
September 26, 2023 | New York Law Journal
Second Circuit Review: The Second Circuit in the Supreme CourtWith the U.S. Supreme Court beginning its October Term 2023 in the coming weeks, we conduct our 39th annual review of the performance of the U.S. Court of Appeals for the Second Circuit in the Supreme Court during the past term.
By Martin Flumenbaum and Brad S. Karp
11 minute read
September 26, 2023 | Law.com
Tenth Circuit Rules That District Courts Cannot Reopen Cases Under Rule 60(b) That Have Been Voluntarily Dismissed Without Prejudice Under Rule 41(a)In Waetzig v. Halliburton Energy Services, the circuit court reversed a district court's order relying on Fed. R. Civ. P. 60(b) to reopen a case that had been voluntarily dismissed without prejudice under Fed. R. Civ. P. 41(a). A split panel held that "a court cannot set aside a voluntary dismissal without prejudice because it is not a final judgment, order or proceeding."
By Jessica Smith and Christopher Jackson
5 minute read
September 25, 2023 | New York Law Journal
Applying 'Runner' and 'Wilinski' Principles Under Labor Law 240(1) to Trench Cave-InsHistorically, cases involving the collapse of in ground trenches have been difficult as earlier judicial decisions tended to exclude them from analysis under Labor Law §240(1). However, the 'Rivas' case gave this issue a fresh and incisive examination with a very different result.
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner
11 minute read
September 25, 2023 | New York Law Journal
Crypto, the SEC and a Tale of Two JudgesWhat if you had been waiting years to get judicial clarity on a legal issue, only to receive contradictory rulings from two different judges in the same court just weeks apart? This ironic outcome is what befell the crypto industry in two high-profile challenges to SEC enforcement actions regarding sales of crypto tokens.
By Robert A. Schwinger
22 minute read
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