Patricia Kane

August 19, 2024 | New York Law Journal

Claudia Rast and Roland Trope discuss FBI procedures for recovering payments made to ransomware attackers. The authors "draw from years of in-the-trenches cyber counseling and knowledge of the general mayhem and chaos that a cyber-attack can wreck on an organization, its personnel, and its customers or clients."

By Claudia Rast and Roland Trope

11 minute read

August 16, 2024 | New York Law Journal

While often involving negligent actors, liability under the Dram Shop Act can extend to intentional, and even criminal, acts. The most critical factor in establishing Dram Shop liability in these instances is establishing a reasonable or practical causal connection between the act and the intoxication.

By Robert S. Whitbeck and Andrea M. Alonso

5 minute read

August 15, 2024 | New York Law Journal

In fraud and corruption cases, the Supreme Court and the US government are marching in opposite directions. The DOJ continues to embrace new tools from Congress and the White House—including a newly-passed anti-corruption law—while the Supreme Court has increasingly cut back on the DOJ's broad theories of prosecution. This article examines the implications from the Court's latest opinion, Snyder v. United States, which, if applied to other bribery statutes, could severely limit the DOJ's view that gifts to government officials are no different than bribes.

By Mayling Blanco, Katey Fardelmann, Sarah Perlin and Andrey Spektor

8 minute read

August 14, 2024 | New York Law Journal

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 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

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

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

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

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

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