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New York Law Journal

Disability Discrimination; Mismanagement Action: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Galonsky v. East 17th LLC," where the court had to decide whether there was "undue hardship in the context of the feasibility of an accommodation." and Medley v. 540 W. 146th Street Hous. Dev. Fund Corp." where an action for mismanagement was dismissed.
20 minute read

New York Law Journal

Retroactively Redefining 'Fraud': The Chapter Amendments

An update on the status of Assembly Bill A-6216-B and Senate Bill S-2980-C and the significant changes to the original text of Part B of the bill that are expected to be passed by the Legislature soon using "chapter amendments."
12 minute read

New York Law Journal

Enforcement Trend Shows HIPAA Concurrent Jurisdiction Risks

A recent enforcement trend shows risks of concurrent jurisdiction under HIPAA and beyond.
8 minute read

New York Law Journal

Conducting Effective Workplace Investigations

This article outlines a general framework for approaching investigations into employee complaints. The authors recommend that employers approach investigations with an organized and thoughtful plan that allows the investigator and the employer both to assuage understandable concerns of employees and create an environment where a focused fact-finding investigation can occur.
9 minute read

New York Law Journal

Spoliation of Evidence in Malpractice Actions

There have been a significant number of Appellate Division decisions addressing motions by plaintiffs in malpractice actions seeking sanctions against defendants for spoliation of evidence, as well as a few involving malpractice defendants seeking sanctions against plaintiffs. Those decisions are the subject of this column.
15 minute read

New York Law Journal

New York May Have Fault Divorce Nostalgia Syndrome

Blank Rome partner Alan Feigenbaum discusses the legal side of dating during divorce and offers his opinion on fault-based divorce in New York.
7 minute read

New York Law Journal

Federal Rule 37(e) Applies to Content and Metadata of ESI

Since 2015, courts frequently have utilized Rule 37(e) when deciding motions for sanctions for ESI spoliation. One key question rarely addressed is whether, in addition to the content of ESI, Rule 37(e) also applies to its metadata. In a recent decision, where spoliated metadata would have provided details relevant to a party's claims, a court determined that it does.
8 minute read

New York Law Journal

Court of Appeals Upholds Sweeping Premise of New Discovery Law

In 'People v. Bay', the court acknowledged the raison d'etre of the new law: that the People cannot be ready for trial without having fully complied with their discovery obligations.
10 minute read

New York Law Journal

Harnessing the Power of Technical E-Discovery Neutrals in Litigation

E-discovery processes can be complex given the sheer volume and diversity of digital data, combined with the technical intricacies of data management and retrieval. This is where technical e-discovery neutrals come into play, offering their specialized expertise to manage and streamline e-discovery processes.
4 minute read

New York Law Journal

Local Law 97: Condominium and Cooperatives Facing Unique Financing Challenges

As many building owners in New York City know, Local Law 97 went into effect on Jan. 1, 2024. It is an aggressive plan to cut harmful emissions in New York City by requiring, with some rare exceptions, buildings in excess of 25,000 square feet to reduce their carbon emissions by 40% in 2030 and 80% in 2050.
7 minute read

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