William T. Russell, Jr.

December 17, 2024 | New York Law Journal

The authors write "The New York Court of Appeals’ recent decision in Wu v. Uber Technologies, Inc. underscores the growing tension between traditional contract law principles and the realities of digital consumer agreements. The case revolved around Uber’s enforcement of a 'clickwrap' arbitration agreement, embedded in its updated terms of use, against a plaintiff who had filed a personal injury lawsuit before allegedly agreeing to the new terms."

By Linton Mann III and William T. Russell, Jr.

7 minute read

November 19, 2024 | New York Law Journal

This article discusses the right to waive counsel for criminal defendants. "The Court of Appeals recently clarified that when criminal defendants wish to waive their right to counsel and represent themselves, the trial court does not need to specifically apprise the defendants of the maximum amount of time to which they could potentially be sentenced.:

By William T. Russell, Jr. and Linton Mann III

7 minute read

July 16, 2024 | New York Law Journal

The Court of Appeals recently handed down a significant decision that clarified the choice-of-law principles governing alleged breaches of fiduciary duties in international business disputes. The case questioned whether Scottish law or New York law should govern the fiduciary duty claims that arose from the merger.

By Linton Mann III and William T. Russell Jr.

8 minute read

May 14, 2024 | New York Law Journal

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.

By Linton Mann III and William T. Russell Jr.

7 minute read

April 16, 2024 | New York Law Journal

In a unanimous decision in 'Syeed v. Bloomberg', the Court of Appeals answered a certified question from the Second Circuit by holding that the New York City and New York State Human Rights Laws banning employment discrimination protect out-of-state residents who are not yet located or employed in New York but who sought an opportunity to work in New York.

By Linton Mann III and William T. Russell Jr.

7 minute read

March 19, 2024 | New York Law Journal

The Court of Appeals recently clarified that insurance policies providing coverage for "direct physical loss or damage" to an insured's premises do not apply to business interruption losses sustained as a result of COVID-19 absent some actual, material alteration to those premises or a complete and persistent dispossession from the premises.

By Linton Mann III and William T. Russell Jr.

5 minute read

February 20, 2024 | New York Law Journal

The Court of Appeals had a relatively quiet January and released four opinions. In 'People v. Messano', it considered whether the police had reasonable suspicion to detain the defendant and whether the People met their burden of showing that drug-related contraband should not be suppressed because the evidence was in plain view.

By Linton Mann III and William T. Russell Jr.

8 minute read

January 16, 2024 | New York Law Journal

In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.

By Linton Mann III and William T. Russell Jr.

7 minute read

January 12, 2024 | New York Law Journal

William T. Russell Jr., chair of the Task Force on Homelessness and the Law, writes: Because there is no single cause of homelessness, the Task Force has created multiple subcommittees to focus on distinct areas of law and policy.

By William T. Russell Jr., Chair, Task Force on Homelessness and the Law

3 minute read

December 19, 2023 | New York Law Journal

The New York Court of Appeals released 18 opinions in November, the most in a single month in more than four years. One such opinion was 'People v. Cuencas' , in which the Court of Appeals considered whether the police had a reasonable basis to believe that a third party provided consent to enter a premises where the police found and arrested the defendants without a warrant.

By Linton Mann III and William T. Russell Jr.

10 minute read