The fact that remaining in the class is still the default is not surprising. However, this is arguably changing and will continue to do so as GCs and CFOs face growing economic pressure to maximize the value they extract from their companies' litigation assets.

We were overdue for a decision clarifying the roles of the employers-liability and excess carriers in a case involving a "grave injury." In 'Bosquez v. RXR Realty', the First Department helpfully offered one.

In complex litigation, the use of Special Masters, or referees as they are sometimes called in New York state court, is pervasive and can be strategically utilized to the benefit of the parties and the court alike.

Over the past few decades, a deep split has developed between New York's state and federal courts over the enforceability of fee provisions incorporating general commercial practice. The First Department has upheld them, but federal judges in the Southern District have invalidated them as unenforceable "agreements to agree."

Although the pandemic may have ended, "clogging" challenges remain and real estate practitioners should be aware of the origins and potential impacts of same, as discussed in this article.