Kylie Marshall

September 28, 2023 | New York Law Journal

Artificial 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

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

This 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

This 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

Most 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

This 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

With 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

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

Historically, 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

What 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