Kylie Marshall

May 30, 2024 | New York Law Journal

In this article, Jennifer Kupferman explains how therapy can help lawyers strengthen their skills and shore up their confidence, with particular emphasis on somatic therapy and EDMR.

By Jennifer Kupferman

10 minute read

May 28, 2024 | New York Law Journal

Over the course of discovery in a complex medical malpractice case, it is expected that issues will arise as to the doctor's vicarious liability for others involved in the patient's care. Knowing where the distinctions are drawn will be helpful to the defense of your physician client.

By John Lyddane

9 minute read

May 24, 2024 | New York Law Journal

While the chief judge makes a forceful argument that bears making and repeating until all indigent defendants can be assured of "receiving a constitutionally fair trial," I respectfully question whether a concurring opinion is an appropriate place to make it.

By Thomas R. Newman

4 minute read

May 24, 2024 | New York Law Journal

The Second Circuit's recent decision in 'Pine Management v. Colony Insurance Company' underscores the critical importance of providing notice to insurance carriers of possible claims, even when a specific demand is absent.

By Evan W. Bolla

8 minute read

May 24, 2024 | New York Law Journal

Lawsuits have been filed across the country that allege harms purportedly caused by PFAS chemicals. The underlying litigations have resulted in billions of dollars in settlements, which, in turn, have led to demands for insurance coverage and associated coverage litigation.

By Matthew C. Penny and Bryce L. Friedman

7 minute read

May 24, 2024 | New York Law Journal

The Court of Appeals recently handed down a significant decision regarding the requirements a petitioner must meet when making a motion for leave to file a late notice of claim: 'Jaime v. City of New York'. This article discusses the background of the case and its potential significance for injured parties.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

13 minute read

May 24, 2024 | New York Law Journal

Recently, several New York courts have held that an insurance company has no right to recoup defense costs where the insurance policy includes a duty to defend, but does not include an express contractual provision allowing for recoupment.

By Raymond A. Mascia Jr. and William G. Passannante

9 minute read

May 24, 2024 | New York Law Journal

Corporations typically have risk management departments that stay on top of their coverage portfolios, but individual policyholders all too often purchase policies and simply file them away in the apparent hope that the mere act of buying coverage serves as a hedge against ever needing it. This is the "buy and shelve" approach to insurance. And, while it's never a good strategy, it is particularly dangerous in the context of life insurance.

By Christopher C. Loeber and Helen P. Hunter

7 minute read

May 24, 2024 | New York Law Journal

Legal developments concerning blockchain and digital assets are not limited to the English-speaking world or to common-law jurisdictions. Earlier this year brought some thought-provoking developments on digital assets and related technologies from Spanish-speaking civil law jurisdictions.

By Robert A. Schwinger

19 minute read

May 23, 2024 | New York Law Journal

For the past several years, non-compete agreements have been under attack by legislatures, agencies and regulators throughout the country. Since then, many states have passed legislation restricting the use of non-competes. These agreements have also become the topic of ongoing debate among New York lawmakers.

By Eric Tate and Michael Schulman

7 minute read