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New York Law Journal

'Envy of the World': Equity Markets and the Compelling Need for Robust Disclosure Under Regulation S-K

An overview of why checks and balances of the courts, as well as SEC enforcement, are critical to maintaining disclosures that are needed to maintain the strength of the U.S. markets.
6 minute read

New York Law Journal

Non-Compete Agreements Under Attack: The Current and Future Utility of Restrictive Covenants in New York

For the past several years, non-compete agreements have been under attack by legislatures, agencies and regulators throughout the country. Since then, many states have passed legislation restricting the use of non-competes. These agreements have also become the topic of ongoing debate among New York lawmakers.
7 minute read

New York Law Journal

Who's Reading Your Mind? Exploring the Intersection of Neural Data and Privacy Protections

This article highlights recent laws and legislation surrounding the protection of "sensitive data," such as biological and neuro data, when it comes to neurotechnologies, especially as these technologies quickly move into the realm of consumer products.
8 minute read

New York Law Journal

Party-Appointed Arbitrators in International Arbitration: Criticized but Beloved

This articles discusses the continued vitality of the party-appointed arbitrator function and how it is treated by international arbitration users and their counsel in the face of guidelines and rules that have an impact on it.
10 minute read

New York Law Journal

AI Disclosure and Governance in the Spotlight

The 2024 proxy season demonstrated that AI-related disclosures and governance structures currently are a subject of intense shareholder interest. It is likely that both disclosure- and governance-oriented shareholder proposals regarding AI will gain traction in future proxy seasons.
8 minute read

New York Law Journal

'Legal Impossibility' Defense; Rent-Impairing Conditions; Condo Board Members Acting Outside Their Authority: Thias Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "1163 Manor Realty LLC v. La Catrina Mexican Restaurant Corp.," "Eleven Eleven Realty Assoc. v. Elizabeth," and "Carpenter v. Shore Towers Condominium Board of Managers."
15 minute read

New York Law Journal

Second Circuit Decision Spotlights RLUIPA's Reach, 'De Facto' Finality

The Second Circuit's decision puts municipalities on notice that attempts to delay a zoning decision may work against them when there are religious discrimination claims at stake.
11 minute read

New York Law Journal

Employer Regulation of Employee Political Conduct In and Outside of the Office

A discussion of an employer's ability to regulate employee political activity inside and outside of the workplace. "In the current era of heightened political discourse, seamless social media and hybrid work arrangements, employers face difficult questions as to the extent to which they can lawfully limit or prohibit employee political conduct in and outside of the workplace. Just ask Google…"
9 minute read

New York Law Journal

The Relevance of Pretextual Motives in Takings Clause Challenges

In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause of the Fifth Amendment to the U.S. Constitution.
8 minute read

New York Law Journal

What Does 'Subtantial Basis' Mean Under NY's Anti-Slapp Statute?

This article is based on the recent First Department decision, "Reeves v. Associated Newspapers, Ltd." which presents the issue of what constitutes a "substantial basis in law" under the anti-SLAPP law to warrant mandatory costs and attorneys' fees to SLAPP defendant.
7 minute read

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