New York Law Journal | Analysis
By Damian R. Cavaleri and Rose Isaacs | June 6, 2024
The FTC recently voted to approve the final Non-Compete Clause Rule, effectively banning most forms of non-compete agreements. In the event the FTC's Final Rule does become effective, employers should be prepared with alternatives to non-competes.
New York Law Journal | Analysis
By Michael J. Hutter | June 5, 2024
The 2023–2024 term of the Court of Appeals has seen a large uptick in the number of appeals decided by the court as compared to previous terms. This is especially true as to decisions deciding important and significant evidence issues.
New York Law Journal | Analysis
By Christopher Dunn | June 5, 2024
For civil rights lawyers, attorneys' fees paid by the government play a critical role in funding work on behalf of indigent clients and in deterring unlawful conduct by government actors. In April, however, the Supreme Court accepted for review a case that threatens to upend settled law across the federal circuits.
New York Law Journal | Analysis
By Barbara M. Goodstein and Adam C. Wolk | June 5, 2024
The recently decided Southern District of New York case of 'CCO Condo Portfolio (AZ) Junior Mezzanine v. Feldman' hinged on whether a UCC Article 9 foreclosure was conducted in a commercially reasonable manner.
New York Law Journal | Analysis
By Joseph Lipari and Aaron S. Gaynor | June 4, 2024
Clients often unknowingly subject themselves to enormous liability by failing to charge sales tax in circumstances where the taxability is unclear. A recent example of this is the Tax Appeals Tribunal decision in 'Beeline.com'.
New York Law Journal | Analysis
By Nicholas J. Pappas and Andrew Holly | June 4, 2024
This article analyzes the NQTL Regulations and two recent decisions adopting standards for pleading a claim under the Parity Act based on an alleged violation of the NQTL Regulations, and offers several steps employers and claims administrators should consider in seeking to avoid litigation of Parity Act claims.
New York Law Journal | Analysis
By Sasha Rosenthal-Larrea, Liza C. Clark and Lucille Dai-He | June 3, 2024
The recently introduced No AI FRAUD Act proposes to protect each individual's right to control the use of their own likeness and voice against unsanctioned use of AI-generated content. This seeks to fill a gap left by a patchwork of state and federal protections in IP and privacy laws and regulations.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | June 3, 2024
Despite the ubiquity of requests for clone discovery, few cases confront their complexity and analyze the issues involved. But in 'United States v. Anthem', the court explored the various challenges presented in clone discovery and ultimately offered a middle-ground approach that balances the burdens and benefits of sharing such data.
New York Law Journal | Analysis
By Barry Kamins | June 3, 2024
Surveillance technology has become a staple in criminal trials; with increasing frequency, prosecutors are offering surveillance video recordings as part of their evidence-in-chief. The New York Court of Appeals has now held that, under certain circumstances, a person who is not an eyewitness to the crime can testify at trial that the defendant is the person depicted in the video.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | June 3, 2024
Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.
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