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New York Law Journal

Lawyer Ownership of Alternative Business Structures: A Tiny Step Toward the Future

In this edition of his Professional Responsibility column, Anthony E. Davis examines Formal Opinion 499 (Passive Investment in Alternative Business Structures) just issued by the ABA's Standing Committee on Ethics and Professional Responsibility. He looks at the Opinion from two perspectives: what (limited) progress it represents in addressing the need to reform the regulatory system governing lawyers; and what it leaves undone, hopefully to be addressed another day.
7 minute read

New York Law Journal

The New Normal: Why the Electronic Transmission of Interlocutory Civil Litigation Documents in the Age of COVID-19 Is Here To Stay (and Where the CPLR Needs To Catch Up)

While there are many benefits to the shift to paperless practice (which for many New York attorneys already pre-dates COVID-19), there are some habits that are worth mentioning specifically on account of their benefits/contributions to the efficient and economical practice of law in New York state.
6 minute read

New York Law Journal

Physical Places or Online Spaces? EDNY Considers Application of ADA to 'Intangible Spaces'

Does a place of "public accommodation" under the Americans With Disabilities Act require a "physical place"? The court in a recent case had to grapple with application of a statute drafted before the modern Internet to a rapidly evolved (and evolving) digital landscape.
11 minute read

New York Law Journal

Arts & Crafts of Litigation: Hyper About Hyperlinking?

In this Arts & Crafts of Litigation column, Brian Graifman addresses hyperlinking: why now (electronic filing, new rules, and the pandemic), how, and how it has heralded a new method for crafting civil motions.
6 minute read

New York Law Journal

When Are Websites a Place of Public Accommodation?

The decision in 'Winegard' should give some comfort to lawyers counseling or defending independent websites, bloggers, and similar entities.
6 minute read

New York Law Journal

Hearing Voices From Beyond the Grave: Emerging Uses of Deepfakes

There is not one answer to whether AI-created audio clips are good or bad—they can be both. The harder questions are how—or whether—we can control what someone "says we said" after our own death.
7 minute read

New York Law Journal

Compelling Digital Evidence of Capitol Crimes: 'United States v. Reffitt'

In this edition of his Cyber Crime column, Peter A. Crusco discusses a case stemming from the January 6th assault on the Capitol, which involved the government's possession of, and the admissibility, of the defendant's own helmet camera digital video evidence of the events.
11 minute read

New York Law Journal

Businesses Face New Litigation Risk Over Biometric Information

A New York City law that took effect early last month is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments doing business in New York City. In this edition of her Internet Issues/Social Media, Shari Claire Lewis explores the law and its implications.
9 minute read

New York Law Journal

Embracing Proportionality, Court Refuses To Compel Discovery 'Based on Relevance Alone'

In this edition of their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent decision that serves as a reminder of the fundamental importance of proportionality post-2015, when allowable discovery is not determined by relevance alone.
7 minute read

New York Law Journal

Remote Work and the Impact of Employee Mobility on Noncompetes

Employers should familiarize themselves with the terms of their noncompete agreements and be strategic and thoughtful about whom they ask to sign them.
6 minute read

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