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New York Law Journal

Recusal in Matrimonial and Family Court Actions

One of the most perplexing problems that a matrimonial attorney will face is deciding whether or not to take the chance of antagonizing the judge assigned to a case of hers and moving for his or her recusal. Although a judge may act gruff, be antagonistic or treat the attorney poorly, this is not a basis for recusal.
15 minute read

New York Law Journal

Using AI to Improve DEI Outcomes in the Workplace

Employers are challenged to implement AI capabilities in the workplace strategically and with caution, particularly within the realm of DEI goals and initiatives.
5 minute read

New York Law Journal

Key Delaware Decision in 'Activision' Upends Standard Board Practices for Approving Mergers

This article lays out practice points in response to the Delaware Court of Chancery's recent decision in In Ap-Fonden v. Activision, which opens a new frontier for challenging a board's process in approving mergers. It discusses the significance the decision has on the merger agreement processes as well as what practitioners should consider moving forward as they navigate this decision.
18 minute read

New York Law Journal

Mitigation of Damages in Medical Malpractice Defense

It is a broadly accepted principle of damages under New York tort law that no recovery should be allowed for losses in which the person injured could have prevented by reasonable effort. A review of the reported decisions on point reveals that issues of mitigation of damages are often litigated in architectural and legal malpractice cases, but less so in medical malpractice cases.
8 minute read

New York Law Journal

What You Don't Know Can Hurt You!

In their Law Firm Partnership Law column, Arthur Ciampi and Maria Ciampi ring some warning bells regarding potentially harmful law firm partnership agreement provisions in the hope of keeping our readers out of harm's way.
8 minute read

New York Law Journal

Can Slut-Shaming in the Workplace Stop?

While Title VII and state and local human rights laws endow many women with the opportunity to challenge adverse actions based on sex discrimination, affording power to victims and bystanders requires increasingly holding all accountable to rumors, thereby challenging women and men alike to undermine the sexual double standard and advance equity within the workplace.
12 minute read

New York Law Journal

The Internal Affairs Rule Is Under Attack! Should We Care?

Few principles of law are as universally respected by U.S. courts as the "internal affairs rule." All state jurisdictions at least formally subscribe to this rule, and the Supreme Court has hinted it may be constitutionally required. Nonetheless, the New York Court of Appeals has agreed to hear a case asking the court to replace the traditional rule with an "interest-balancing" test.
11 minute read

New York Law Journal

Attorney-Client Privilege in the Global Economy

Lawyers involved in planning cross-border transactions and those litigating subsequent disputes need to be cognizant of what privileges apply in all relevant jurisdictions and take steps to ensure that communications will be protected in each jurisdiction.
11 minute read

New York Law Journal

The 'Enduring Friendship' of a Judge and a Clerk

Retired Court of Appeals Judge Joseph W. Bellacosa salutes Presiding Justice Marcus G. Christ of the Appellate Division, Second Department, the most formative mentor of his career.
5 minute read

New York Law Journal

Effect of Pandemic on Valuation of Property; Holdover Summary Eviction; Receivership: This Week In Scott Mollen's Realty Law Digest

Scott Mollen discusses "Amtrak v. 78,441 Square Feet More or Less of Land & Improvements," "BEC Continuum Owner LLC v. Foster," and "Wells Fargo Bank, N.A. v. 24 W. 57 APF."
10 minute read

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