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New York Law Journal

Geofencing and Individualized Suspicion

Geofencing continues to be used by law enforcement nationwide and its controversial nature has only grown. This article will address the Fourth Amendment implications in its continued use.
12 minute read

New York Law Journal

Post-EUO Verification Requests

A no-fault insurer is entitled to request from an applicant any additional verification it deems necessary to process the claimant's claim. "The insurer is entitled to receive all items necessary to verify the claim directly from the parties from whom such verification was requested.
13 minute read

New York Law Journal

Updated Rules for New York's Commercial Division: Technology Disputes and Use of Referees

The New York Commercial Division recently updated its procedural rules in two material respects: to reinforce its position as a go-to venue for technology-related litigation and to encourage the resolution of commercial disputes by the use of extrajudicial referees to hear and determine such disputes.
9 minute read

New York Law Journal

Stretching IRA Payments for Heirs: Using Charitable Remainder Unitrusts

The SECURE Act—starting in 2020— killed the stretch IRA for most heirs. Until that legislation, an heir could generally have required minimum distributions stretched over his or her life expectancy. And that minimized taxes—plus; the assets in the heir's IRA grew tax-free until withdrawn.
5 minute read

New York Law Journal

Beginning of the End: Upcoming Deadlines, Resolution Updates in Mass Tort Litigation

This installment of the Mass Torts Update highlights upcoming deadlines and resolution updates in mass tort litigation, focusing on four specific cases.
6 minute read

New York Law Journal

Artificial Intelligence Use and Ethical Compliance

Since it may be argued that a lawyer's decision not to use Artificial Intelligence (AI) is unethical, and the improper use of AI may also be unethical, it is important that attorneys become cognizant of the application of legal ethics to AI. The first step toward AI use ethical compliance is the timely disclosure of AI use particularly related to generative AI tools. Such a step is likely to ameliorate or eliminate many AI use legal ethics difficulties.
7 minute read

New York Law Journal

Theft Loss Deductions Denied

In two recent Tax Court decisions, it was determined that, although there had been a loss in value attributable to activities ultimately determined to be crimes, no theft loss was allowable to the petitioners because no crime in the nature of theft had been committed against the petitioners themselves to deprive them of property that they owned.
9 minute read

New York Law Journal

AI Threatens User Privacy

Without specific legal guardrails, the use of AI tools must be approached with caution. This article addresses some of the issues that users and companies using AI applications should be considering in addressing the privacy of users and their transactions.
8 minute read

New York Law Journal

Don't Make It a Memory Test: Let Jurors in New York Have Written Copies of the Court's Instructions

In criminal trials conducted in New York State, judges almost never send the written jury instructions back to the jury room for the jurors to review and consult while they are deliberating. This article explains the legal history of the current practice and why, in the authors' opinion, it's time to allow judges in New York to send the written jury instructions back to the jury room in criminal cases.
8 minute read

New York Law Journal

Is It Binding? (Part Two)

This month's Practical New York Practice™ column dives into the third, frankly mysterious formula set forth in CPLR 2104 to create an enforceable stipulation: "An agreement between parties or their attorneys relating to any matter in an action…reduced to the form of an order and entered."
13 minute read

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