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Kylie Marshall

Kylie Marshall

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August 22, 2023 | New York Law Journal

Prepare to Communicate More Law Firm Leadership Transitions

Since the pandemic, turnover in the leadership ranks of major law firms has been increasing. Transitions can cause anxiety and uncertainty—especially if firms don't have a clear and consistent messaging. With a good plan, however, firms can use transitions as a way to re-tell their story.

By Jamie Diaferia and Andrew Longstreth

7 minute read

August 21, 2023 | National Law Journal

Call Your Next Witness: Moving Toward a More Efficient and Equitable Criminal Investigation Process

This article addresses the consequences of federal prosecutors increasingly opting to label likely-guiltless parties as "subjects" rather than "witnesses" and suggests how clarity could be provided moving forward.

By Zach Terwilliger, Brittany Harwood, Reem Gerais and Alex Rant

7 minute read

August 21, 2023 | New York Law Journal

Valuing Property in the Course of Development

In this article, Michael Rikon discusses entrepreneurial profit and how owners of property condemned in the course of development are entitled to be compensated for all its efforts.

By Michael Rikon

8 minute read

August 21, 2023 | New York Law Journal

Video Evidence and the Emergency Doctrine

This article discusses the courts' increasing reliance on video surveillance for deciding motions, especially for those where the emergency doctrine was raised, and details several cases where video surveillance was used as key evidence.

By Andrea M. Alonso and Kevin G. Faley

8 minute read

August 21, 2023 | New York Law Journal

Heightened Sensitivity to Particularity in Cell Phone Searches

Because of the vast personal information stored on cell phones that is thereby accessible by government investigators via a search warrant, the particularity requirement is the last line of defense for a suspect's cell phone privacy against government intrusion. The courts' heightened sensitivity to this requirement is the subject of this article.

By Peter A. Crusco

8 minute read

August 21, 2023 | New York Law Journal

A Reminder That Partnership Tax Status Requires Business Purpose and Profit Sharing

Likely, either the partnership or limited liability company is the most flexible of entities now available for business- or investment-related ventures. Whether either such entity is a partnership for tax purposes is the subject of this note.

By Jeffrey A. Galant

7 minute read

August 18, 2023 | New York Law Journal

Wire Transfer Fraud On the Rise and the Legal Fallout

This article addresses how victims of wire transfer fraud are often unable to assert legal claims that lead to an actual recovery and discusses steps that can be taken to both prevent and handle wire transfer fraud.

By Michael J. Tiffany

8 minute read

August 17, 2023 | New York Law Journal

Commercial Division Update: Enforcement of 'Best Efforts' Clauses

This article addresses the divergent approaches to analyzing best efforts clauses and the efforts by the Commercial Division courts to advance a consistent approach.

By Thomas J. Hall and Judith A. Archer

11 minute read

August 17, 2023 | New York Law Journal

Social Media, Samuel Clemens and the Slow Demise of SEC Filings

This article highlights Elon Musk's tweets and the SVB regional bank disaster while questioning the continued utility of traditional form filings designed to update investors.

By J. Scott Colesanti

9 minute read

August 17, 2023 | New York Law Journal

Supreme Court Review: Labor Strikes, Salaries, Religious Accommodations and Affirmative Action

This column reviews the Court's decisions addressing treatment of company property during labor strikes, what it means to be paid a salary, the undue hardship standard for defending the denial of a religious accommodation, and affirmative action.

By David E. Schwartz and Emily D. Safko

8 minute read