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New York Law Journal

What I Wish I Knew Then: Damian Williams

U.S. Attorney Damian Williams of the Southern District of New York, whose office is once again making national headlines, reflects on his background and shares advice for younger attorneys who are still finding their way in the profession.
10 minute read

New York Law Journal

What Employers Need to Know About NY's Freelance Isn't Free Act

New York State's Freelance Isn't Free Act (FIFA) took effect on Aug. 28, 2024, providing freelance workers with numerous safeguards and remedies. This article discusses the numerous issues relating to the act such as who is covered, when are payments due and consequences for violation.
5 minute read

New York Law Journal

To Appeal or Not To Appeal: That Is the Question

To appeal or not to appeal, that is a question faced eventually by every litigator. But questions relating to the facts of a case or the applicable law aside (for the moment), what do the statistics demonstrate for the appellate practitioner?
8 minute read

New York Law Journal

Municipalities Not Exempt From Vicarious Liability: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Gilead Cmty. Servs. Inc. v. Town of Cromwell," which is "of interest because it analyzes, inter alia, when punitive damages are available, when the amount of punitive damages may exceed the limits of constitutional due process and when a municipality may be subject to punitive damages based on the conduct of its officials."
14 minute read

New York Law Journal

Ensuring That Trusts Created During a Marriage Survive a Divorce

The treatment of trusts in divorce proceedings can complicate what might otherwise seem like straightforward estate planning.
8 minute read

New York Law Journal

Serious Injuries Update

Using case law, the authors discuss the requirements bringing a lawsuit under Insurance Law §5102(d).
19 minute read

New York Law Journal

Establishing New Test for Cost-Shifting, Court Allocates Costs for Data Security in Discovery

In their E-Discovery column, Christopher Boehning and Daniel Toal discuss the recent decision in United States v. Anthem, Inc., which addressed the question of how to allocate data security costs between parties and established a new test to determine when and whether cost-shifting may be appropriate.
9 minute read

New York Law Journal

Deductibility of Promotional Expenses: Stock Car Racing?

A discussion of the unique Tax Court case 'James W. Avery,' where, in connection with promoting his law practice, attorney James Avery attempted to deduct expenditures he incurred as a race car driver.
7 minute read

New York Law Journal

The Missing Law for Pets of Unmarried Partners

As of 2021, the interests of pets of divorcing married partners are well-protected. However, there is a gap in the law for pets of separating partners who were never married. Those unlucky pets are still being treated the same as furniture and cars.
6 minute read

New York Law Journal

The Leaked Chief Justice Roberts In-House Memo

If Chief Justice John Roberts Jr. doesn't identify who leaked his memo to The New York Times, he risks a continued inability to candidly communicate with his colleagues in any meaningful way or a public that continues to lack confidence in its highest court, the Law Journal's Joel Cohen writes.
7 minute read

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