New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | May 14, 2024
The Court of Appeals recently overturned the criminal conviction of Hollywood producer Harvey Weinstein. The majority opinion reversed a decision of the Appellate Division, First Department that had affirmed Weinstein's conviction. There were two strongly worded dissents by Judges Singas and Cannataro.
New York Law Journal | Analysis
By Karen Hoffman Lent and Kenneth Schwartz | May 13, 2024
This article highlights the overarching themes from the American Bar Association's 2024 Antitrust Spring Meeting, including emerging technology, agency enforcement and prevailing competitive concerns.
New York Law Journal | Analysis
By Paul Batista | May 10, 2024
Within months of the Supreme Court's decision in 'Yegiazaryan v. Smagin', a significant number of federal appellate courts applied the new precedent with impressive speed, thoroughness and consistency. In doing so, the Courts of Appeals have expanded the scope of RICO into terrain in which older decisions had not dared to tread.
New York Law Journal | Analysis
By Laura B. Dowgin and Hilary Simon | May 10, 2024
The primary focus of most litigation in the United States is on the defendant's liability to the plaintiff. In the unique world of New York Labor Law claims, however, risk transfer issues among defendants and third-party defendants often become the main event.
New York Law Journal | Analysis
By Jared Cook and Allen A. Shoikhetbrod | May 10, 2024
The U.S. Department of Labor's new independent contractor regulations, effective March 11, 2024, replace a previous set of regulations issued under the Trump administration in 2021; however, the new rule is not really new.
New York Law Journal | Analysis
By Benjamin Daniels, Jennifer Driscoll and Sabrina Galli | May 10, 2024
The SEC has now announced that it has settled its first enforcement actions involving AI. Two investment advisors recently agreed to pay civil fines to the SEC for misstatements about AI technology. This signals a new era of SEC enforcement.
New York Law Journal | Analysis
By Ethan Greenberg and Thomas Dupont | May 10, 2024
The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.
New York Law Journal | Analysis
By Casey Laffey, Zachary Kaye and Alexander Borman | May 10, 2024
This article describes strategic considerations relating to collection that parties should weigh at the onset of any dispute, and tools that prevailing parties can later use to secure monetary awards. It then presents examples of prevailing parties weighing those considerations and employing those tools to receive what they are owed.
New York Law Journal | Analysis
By Sarah E. Phillips and Bryce L. Friedman | May 10, 2024
The U.S. Supreme Court's decision in 'Badgerow v. Walters' has made it less predictable whether federal courts will find the amount-in-controversy requirement for diversity jurisdiction has been satisfied.
New York Law Journal | Analysis
By Stephen L. Ascher, Jason P. Hipp, Melissa Fedornak and Dylan Madoff | May 10, 2024
This article provides insight, from a litigator's perspective, into how four key no-shop drafting decisions can impact the outcome of a litigation: duration, scope, choice of law and remedy.
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