New York Law Journal | Analysis
By Matthew C. Penny and Bryce L. Friedman | May 24, 2024
Lawsuits have been filed across the country that allege harms purportedly caused by PFAS chemicals. The underlying litigations have resulted in billions of dollars in settlements, which, in turn, have led to demands for insurance coverage and associated coverage litigation.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | May 24, 2024
The Court of Appeals recently handed down a significant decision regarding the requirements a petitioner must meet when making a motion for leave to file a late notice of claim: 'Jaime v. City of New York'. This article discusses the background of the case and its potential significance for injured parties.
New York Law Journal | Analysis
By Raymond A. Mascia Jr. and William G. Passannante | May 24, 2024
Recently, several New York courts have held that an insurance company has no right to recoup defense costs where the insurance policy includes a duty to defend, but does not include an express contractual provision allowing for recoupment.
New York Law Journal | Analysis
By Christopher C. Loeber and Helen P. Hunter | May 24, 2024
Corporations typically have risk management departments that stay on top of their coverage portfolios, but individual policyholders all too often purchase policies and simply file them away in the apparent hope that the mere act of buying coverage serves as a hedge against ever needing it. This is the "buy and shelve" approach to insurance. And, while it's never a good strategy, it is particularly dangerous in the context of life insurance.
New York Law Journal | Analysis
By Robert A. Schwinger | May 24, 2024
Legal developments concerning blockchain and digital assets are not limited to the English-speaking world or to common-law jurisdictions. Earlier this year brought some thought-provoking developments on digital assets and related technologies from Spanish-speaking civil law jurisdictions.
New York Law Journal | Analysis
By Eric Tate and Michael Schulman | May 23, 2024
For the past several years, non-compete agreements have been under attack by legislatures, agencies and regulators throughout the country. Since then, many states have passed legislation restricting the use of non-competes. These agreements have also become the topic of ongoing debate among New York lawmakers.
New York Law Journal | Analysis
By Frances Green, Paul DeMuro and Eleanor Chung | May 22, 2024
This article highlights recent laws and legislation surrounding the protection of "sensitive data," such as biological and neuro data, when it comes to neurotechnologies, especially as these technologies quickly move into the realm of consumer products.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | May 22, 2024
This articles discusses the continued vitality of the party-appointed arbitrator function and how it is treated by international arbitration users and their counsel in the face of guidelines and rules that have an impact on it.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | May 22, 2024
The 2024 proxy season demonstrated that AI-related disclosures and governance structures currently are a subject of intense shareholder interest. It is likely that both disclosure- and governance-oriented shareholder proposals regarding AI will gain traction in future proxy seasons.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | May 21, 2024
In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause of the Fifth Amendment to the U.S. Constitution.
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