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New York Law Journal

Aviation Deaths on the High Seas: Continuing Questions and Recent Developments

This article focuses on one important maritime statute: the Death on the High Seas Act (DOHSA), including its all-important Commercial Aviation Exception. It also analyzes two unresolved procedural issues in DOHSA cases: whether and when they are removable to federal court and whether a DOHSA plaintiff has a right to a jury trial.
16 minute read

New York Law Journal

Splitting Brains: Shareholder Use (and Misuse) of Confidential Board Information

Two recent cases address the question: "How and when that shareholder can use confidential information gained by reason of that board seat?" Authors Adrienne Ward and Elizabeth Gonzalez-Sussman, provide an overview of the cases and offer guidance for activist and institutional investors. They outline distinctly different rulings, why opposite results were reached, and how institutional investors and activists should approach placing directors on a board.
9 minute read

New York Law Journal

Foreclosure Abuse Prevention Act in a Nutshell

Adam Leitman Bailey and John Desiderio examine the background leading to the FAPA legislative amendments and how they have been construed, in recent Appellate Division decisions, where courts have been required to determine their application.
19 minute read

New York Law Journal

Differences Between Annulment and Divorce

While both routes lead to the dissolution of a marital union, divorce and annulment have markedly distinct legal requirements and legal consequences. If you are seriously considering either an annulment or a divorce, understanding the differences is essential.
5 minute read

New York Law Journal

Legislation Regulating AI in Employment

The New York City law is avoidable, and the New York state law is pending, but employers should not forget about the impact of the federal requirements on their use of automated employment decision tools.
7 minute read

New York Law Journal

'Zealous' Representation: No Longer on the Books?

It might have appeared to go unnoticed, but lawyers, criminal lawyers especially, are no longer specifically instructed by New York's rules or canons to represent their clients "zealously." Criminal lawyers are instead now simply bound by the extremely lukewarm phraseology contained in Rule 1.3 of New York's Rules of Professional Conduct.
9 minute read

New York Law Journal

Sidebar Series: Trump on Trial

Jerry Goldfeder and Karen Friedman Agnifilo's "Trump on Trial Sidebar Series" aims to spotlight some of the more salient issues during the trial of Donald Trump and help provide insight as to what is happening inside the courtroom. This first installment provides an overview of the case.
7 minute read

New York Law Journal

How Franchisor Conduct Drives Franchisee Association Priorities

This article addresses the importance of creating and best utilizing collaborating franchisee associations. Unfortunately, that task is made difficult by franchisors who do not understand the role they play in setting franchisee association agendas and political dynamics.
5 minute read

New York Law Journal

Appellate Division Clarifies RPAPL §881 Reimbursement Obligations

A discussion of 1643 First LLC v. 1645 1st Ave. LLC, issued by the Appellate Division, First Department which attempts to reconcile conflicting decisions about a petitioner's obligation to reimburse a respondent's professional fees in a proceeding held pursuant to Section 881 of the RPAPL. The article analyzes the history of these fees including when they are needed and how counsel can avoid a trial court denying a professional fee reimbursement request.
7 minute read

New York Law Journal

Governor Hochul Zeroes in on the Cannabis Industry

This article discusses Governor Kathy Hochul's proposed plan, which includes an assessment of the OCM and new enforcement legislation, to improve the rollout of New York's adult-use cannabis program, which has been particularly troubled since its authorization three years ago.
5 minute read

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