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New York Law Journal

If Non-Competes Are Out, What's In? Alternative Ways Employers Can Protect Their Companies

The FTC recently voted to approve the final Non-Compete Clause Rule, effectively banning most forms of non-compete agreements. In the event the FTC's Final Rule does become effective, employers should be prepared with alternatives to non-competes.
6 minute read

New York Law Journal

Don't Be Blindsided: The 101 About Your Insurance and How To Productively Pursue Claims

A discussion of the basic 411 on what types of events commercial insurance may cover and how to go about productively pursuing an insurance recovery when disaster strikes—even if your insurance company says "no."
7 minute read

New York Law Journal

Court of Appeals Evidence Decisions: A Potpourri of Rules for Criminal and Civil Actions

The 2023–2024 term of the Court of Appeals has seen a large uptick in the number of appeals decided by the court as compared to previous terms. This is especially true as to decisions deciding important and significant evidence issues.
13 minute read

New York Law Journal

My Six-Trial Year

Tarter Krinsky partner Richard Schoenstein offers 10 tips for navigating a civil trial, based on his recent experience trying six cases between July 2023 through June 2024.
7 minute read

New York Law Journal

Civil Rights Attorneys' Fees in Peril at the Supreme Court

For civil rights lawyers, attorneys' fees paid by the government play a critical role in funding work on behalf of indigent clients and in deterring unlawful conduct by government actors. In April, however, the Supreme Court accepted for review a case that threatens to upend settled law across the federal circuits.
9 minute read

New York Law Journal

Foreclosing on Collateral? Make Sure Your Sale Is Commercially Reasonable

The recently decided Southern District of New York case of 'CCO Condo Portfolio (AZ) Junior Mezzanine v. Feldman' hinged on whether a UCC Article 9 foreclosure was conducted in a commercially reasonable manner.
10 minute read

New York Law Journal

Excessive Noise From Forest Hills Stadium; Foreclosure Action Dismissed as 'Time Barred': This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses an excessive noise case "Forest Hills Garden Corporation v. The West Side Tennis Club," and the foreclosure action case "MTGLQ Investors, LP v. Foshee."
17 minute read

New York Law Journal

NY State Tax Appeals Tribunal Holds Management Services Are Taxable

Clients often unknowingly subject themselves to enormous liability by failing to charge sales tax in circumstances where the taxability is unclear. A recent example of this is the Tax Appeals Tribunal decision in 'Beeline.com'.
7 minute read

New York Law Journal

Developments in Mental Health Parity Litigation

This article analyzes the NQTL Regulations and two recent decisions adopting standards for pleading a claim under the Parity Act based on an alleged violation of the NQTL Regulations, and offers several steps employers and claims administrators should consider in seeking to avoid litigation of Parity Act claims.
10 minute read

New York Law Journal

When There Are No Custody Heartstrings To Pull

There is something about parental arguments over children, otherwise known as custody disputes in the matrimonial arena, that generate a spectrum of emotions not seen in the context of disputes over dollars.
8 minute read

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