New York Law Journal | Analysis
By Vincent C. Lesch and Kevin Mahoney | April 9, 2024
This article focuses on one important maritime statute: the Death on the High Seas Act (DOHSA), including its all-important Commercial Aviation Exception. It also analyzes two unresolved procedural issues in DOHSA cases: whether and when they are removable to federal court and whether a DOHSA plaintiff has a right to a jury trial.
New York Law Journal | Analysis
By Amory W. McAndrew | April 8, 2024
The New York City law is avoidable, and the New York state law is pending, but employers should not forget about the impact of the federal requirements on their use of automated employment decision tools.
New York Law Journal | Analysis
By Joel Cohen | April 8, 2024
It might have appeared to go unnoticed, but lawyers, criminal lawyers especially, are no longer specifically instructed by New York's rules or canons to represent their clients "zealously." Criminal lawyers are instead now simply bound by the extremely lukewarm phraseology contained in Rule 1.3 of New York's Rules of Professional Conduct.
New York Law Journal | Analysis
By Jerry H. Goldfeder and Karen Friedman Agnifilo | April 8, 2024
Jerry Goldfeder and Karen Friedman Agnifilo's "Trump on Trial Sidebar Series" aims to spotlight some of the more salient issues during the trial of Donald Trump and help provide insight as to what is happening inside the courtroom. This first installment provides an overview of the case.
The American Lawyer | Analysis
By Patrick Smith | April 8, 2024
Several New York law firms last year even bested their 2021 performance during the heyday of the deal market.
New York Law Journal | Analysis
By Ronald K. Gardner | April 5, 2024
This article addresses the importance of creating and best utilizing collaborating franchisee associations. Unfortunately, that task is made difficult by franchisors who do not understand the role they play in setting franchisee association agendas and political dynamics.
New York Law Journal | Analysis
By Alyx Pattison and Emily Tillett | April 5, 2024
Proactive commercial litigation and arbitration to recover significant damages have become more common. We are seeing businesses put in place additional measures to ensure that when they must litigate, they do so in the most efficient and effective manner for the organization. This article explores common themes and benefits.
New York Law Journal | Analysis
By Jeannine Sano, Eric Krause and Denise Plunkett | April 5, 2024
As staid and unfashionable as it might sound, proper grammar, punctuation and word choice still matter because they provide structure and clarity. Lawyers' tools are words, in both writing and oral advocacy. Our existence as litigators depends on our ability to persuade the trier of fact, which depends on our ability to communicate effectively.
New York Law Journal | Analysis
By Chris Finley | April 5, 2024
Today, nearly one in three matters is performed under an alternative fee arrangement, with flat fees being the most common. If your clients are seeking these agreements, following best practices for incorporating legal tech into your organization can optimize your alternative fee portfolio
New York Law Journal | Analysis
By Gregg L. Weiner, Andrew S. Todres and Mohammed S. Hassan | April 5, 2024
This article explores the evolving contours of the implied covenant, as applied to discretionary contractual rights, and offers practical guidance for decision makers and counterparties to consider when dealing with contractual discretion.
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