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Patricia Kane

Patricia Kane

Patricia Kane is the Courts Editor for the New York Law Journal.

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August 14, 2024 | New York Law Journal

'Samsung' Highlights the Costs of Arbitrating Mass Claims

Judge Shira Scheindlin uses the recent case 'Wallrich v. Samsung' to illustrate the significant financial issues surrounding arbitration fees for mass claims.

By Shira A. Scheindlin

6 minute read

August 14, 2024 | New York Law Journal

The Dead Man's Statute: Effectively Employing CPLR 4519

The authors discuss the elements and application of the "Dead Man's Statute" and offer practical guidance for practitioners to effectively employ the statute, as well as suggestions for potential applications that might not be directly apparent from the text of the statute but give effect to its underlying purpose.

By Gregory R. Bruno and Alfred W.J. Marks

8 minute read

August 13, 2024 | New York Law Journal

Permissive Encroachments Under Post-2008 Adverse Possession Law

Adam Leitman Bailey and John Desiderio discuss how New York Courts are interpreting the way in which RPAPL §543 (Adverse possession; how affected by acts across a boundary line), enacted in 2008 as a new addition to RPAPL Article 5 (Adverse Possession), has changed the law of adverse possession from what it was pre-2008.

By Adam Leitman Bailey and John M. Desiderio

14 minute read

August 13, 2024 | New York Law Journal

Demolition Clauses; FHA COVID-19 Moratorium Tolling: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "62-64 Third Ave LP v. Elvis Café," and "Trento 67 v. OneWest Bank."

By Scott Mollen

18 minute read

August 12, 2024 | New York Law Journal

Amendments to EDNY and SDNY Local Rules and Their Impact on Litigation

A discussion of the amendments recently adopted by the District Courts for the Eastern and Southern Districts of New York that modify the procedures that parties should follow when litigating in front of these courts.

By Leslie Thorne and Tucker Guinn

4 minute read

August 12, 2024 | New York Law Journal

EU Targets Elon Musk Over X: Digital Services Act Protects Users

The rise of social media has introduced significant privacy and transparency challenges. Platforms like X, formerly known as Twitter, have faced increasing scrutiny for their handling of user data and content moderation practices. Recently, the European Union has taken decisive action against X, raising substantial privacy concerns under the Digital Services Act (DSA).

By Peter Brown

7 minute read

August 09, 2024 | New York Law Journal

Beyond Scarlett: Safeguarding Personal Identity in the AI Age

What legal rights are there when a digital 'you' exists without your permission? High-profile cases involving celebrities like Scarlett Johansson highlight the urgent need for clear legal protections against unauthorized exploitation of an individual's persona.

By David S. Kim

5 minute read

August 09, 2024 | New York Law Journal

Tips for New Judges

Hon. David B Saxe (ret.) offers some important advice to new judges "in the hope that it may ease the pathway for some and perhaps provide some useful nuggets that may help them ease into their judicial careers."

By David B. Saxe

6 minute read

August 08, 2024 | New York Law Journal

Attorneys 'On the Move': Holland & Knight Adds Financial Services Partner; Structured Finance Partner Joins Alston & Bird

And other announcements of recent hirings and promotions of New York attorneys.

By Patricia Kane

4 minute read

August 08, 2024 | New York Law Journal

What's Next for MDMA?

Amid clinicians, researchers and congressional lawmakers urging the FDA to approve MDMA for PTSD despite a negative vote by the FDA's advisory committee, the authors ask: What's next for MDMA?

By Lisa L. Smith, George Hajduczok and Julia M. Markov

12 minute read