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New York Law Journal

Bills of Particulars and Partial Summary Judgment

In its recent decision in 'Carroll v. Niagara Falls Memorial Medical Center', the Fourth Department held that partial summary judgment should be granted only as to theories or claims of malpractice that were not addressed, and that an expert affirmation submitted in opposition is not required to address every allegation in a bill of particulars.
13 minute read

New York Law Journal

Enhancing Protective Orders To Address Generative AI

An e-discovery focused article on the risks of using AI to interrogate opposing productions both for the receiving and producing party and how parties should consider addressing it in protective orders. More details below:
7 minute read

New York Law Journal

Ninth Circuit Affirms Dismissal Sanction for Text Message Spoliation

In a recent decision, the Ninth Circuit clarified and affirmed the use of Rule 37(e) as the standard for imposing sanctions for the loss of ESI and upheld the dismissal of a plaintiff's employment discrimination case as a sanction for intentional spoliation of text messages.
7 minute read

New York Law Journal

Probable Cause and 'Bruen': Two Amendments Collide

Recently, a judge in the Eastern District of New York announced a new legal standard for probable cause in gun cases in New York. Essentially, the court concluded that a significant increase in lawfully possessed guns in New York City has altered the probable cause equation in these cases. The government is seeking reconsideration of that ruling.
12 minute read

New York Law Journal

Look and Listen: How To Conduct Effective Pre-Litigation Investigations

In short, if you are not conducting a robust pre-litigation investigation of any major case, you are handicapping yourself before you begin. Such work is productive, cost-effective and a force multiplier if done correctly.
8 minute read

New York Law Journal

A Divorce Court Prioritizes a Family's Best Interests

Alan Feigenbaum discusses the recent decision in J.H. v. C.H. He writes: "I couldn't help but smile in complete satisfaction from start to finish, because in this case, a divorce court did what we, as matrimonial lawyers, can only hope for: it prioritized the best interests of a family."
8 minute read

New York Law Journal

Stepping From 2023 Into the New Year

As 2023 came to an end, and 2024 began to unfold, the Surrogate and Appellate Courts throughout the state have been busy issuing decisions of interest—not only to the trusts and estate practitioner but to the bar at large.
10 minute read

New York Law Journal

Is a Platform Also a Product? One New York Court Says Yes, and It's Not Alone

This article highlights how a key issue to be resolved is whether the algorithms that drive social media apps are just publishing platforms that Section 230 is designed to protect, or if they are products designed to perform a specific function, and therefore within the ambit of strict products liability law.
8 minute read

New York Law Journal

GenAI: Copyright and Beyond

In the era of Large Language Models (LLMs), legal professionals face a myriad of mounting concerns relating to the use of Generative AI solutions. Whilst the risks and significance of possible copyright infringement and other IP-related issues remain actively debated, don't underestimate cybersecurity, privacy and data protection risks created or amplified by GenAI.
8 minute read

New York Law Journal

Protecting Your Class: Safeguards for the Current Cybersecurity and Privacy Landscape

Data breaches are on the rise, as are the costs associated with them. AI is allowing bad actors to quickly shift tactics and generate more believable scams. There is a significant uptick in attempted fraudulent filings. This article presents various ways in which you can protect your organization, as well as your class, from these threats.
10 minute read

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