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New York Law Journal

Aviate, Navigate, Communicate: Training for Inevitable Cyber-Attacks

Claudia Rast and Roland Trope discuss FBI procedures for recovering payments made to ransomware attackers. The authors "draw from years of in-the-trenches cyber counseling and knowledge of the general mayhem and chaos that a cyber-attack can wreck on an organization, its personnel, and its customers or clients."
11 minute read

New York Law Journal

Dram Shop Liability Involving Intentional and Criminal Acts

While often involving negligent actors, liability under the Dram Shop Act can extend to intentional, and even criminal, acts. The most critical factor in establishing Dram Shop liability in these instances is establishing a reasonable or practical causal connection between the act and the intoxication.
5 minute read

New York Law Journal

The Implication of SCOTUS's 'Snyder' Decision and Recent Precedent on Corruption Prosecutions

In fraud and corruption cases, the Supreme Court and the US government are marching in opposite directions. The DOJ continues to embrace new tools from Congress and the White House—including a newly-passed anti-corruption law—while the Supreme Court has increasingly cut back on the DOJ's broad theories of prosecution. This article examines the implications from the Court's latest opinion, Snyder v. United States, which, if applied to other bribery statutes, could severely limit the DOJ's view that gifts to government officials are no different than bribes.
8 minute read

New York Law Journal

'Samsung' Highlights the Costs of Arbitrating Mass Claims

Judge Shira Scheindlin uses the recent case 'Wallrich v. Samsung' to illustrate the significant financial issues surrounding arbitration fees for mass claims.
6 minute read

New York Law Journal

The Dead Man's Statute: Effectively Employing CPLR 4519

The authors discuss the elements and application of the "Dead Man's Statute" and offer practical guidance for practitioners to effectively employ the statute, as well as suggestions for potential applications that might not be directly apparent from the text of the statute but give effect to its underlying purpose.
8 minute read

New York Law Journal

Permissive Encroachments Under Post-2008 Adverse Possession Law

Adam Leitman Bailey and John Desiderio discuss how New York Courts are interpreting the way in which RPAPL §543 (Adverse possession; how affected by acts across a boundary line), enacted in 2008 as a new addition to RPAPL Article 5 (Adverse Possession), has changed the law of adverse possession from what it was pre-2008.
14 minute read

New York Law Journal

Demolition Clauses; FHA COVID-19 Moratorium Tolling: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "62-64 Third Ave LP v. Elvis Café," and "Trento 67 v. OneWest Bank."
18 minute read

New York Law Journal

Amendments to EDNY and SDNY Local Rules and Their Impact on Litigation

A discussion of the amendments recently adopted by the District Courts for the Eastern and Southern Districts of New York that modify the procedures that parties should follow when litigating in front of these courts.
4 minute read

New York Law Journal

EU Targets Elon Musk Over X: Digital Services Act Protects Users

The rise of social media has introduced significant privacy and transparency challenges. Platforms like X, formerly known as Twitter, have faced increasing scrutiny for their handling of user data and content moderation practices. Recently, the European Union has taken decisive action against X, raising substantial privacy concerns under the Digital Services Act (DSA).
7 minute read

New York Law Journal

Beyond Scarlett: Safeguarding Personal Identity in the AI Age

What legal rights are there when a digital 'you' exists without your permission? High-profile cases involving celebrities like Scarlett Johansson highlight the urgent need for clear legal protections against unauthorized exploitation of an individual's persona.
5 minute read

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