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New York Law Journal

New DOL Regulation on Employees Versus Independent Contractors Restores Multifactor Test While Leaving Some Important Questions Unanswered

On Jan. 1, 2024, the Biden administration's DOL issued its final regulation on who is an employee versus who is an independent contractor. The regulation rescinds the Trump administration rule because, according to the administration, it emphasized two factors in a manner unsupported by the agency's traditional multifactor view and case law, and was inconsistent with the DOL's emphasis on "economic dependence" as a principal guidepost.
6 minute read

New York Law Journal

Notable Code and Legal Developments in 2023

A discussion of the array of new laws and amendments to existing laws passed in 2023 which will impact developers and owners of real estate in New York. The article examines the most significant developments and identifies certain potential penalties for failure to comply.
6 minute read

New York Law Journal

Distressed Debt Investors Beware of Disqualified Lender Lists

A recent development with credit agreements is that they contain new provisions that expressly preclude "distressed investors" from holding the loans. This article aims to alert readers of the contractual language changes in these agreements and the implications of those changes.
6 minute read

New York Law Journal

AI Has Opened Its Eyes

In this article, Katherine B. Forrest describes some of the academic papers and research regarding MLLMs before moving on to legal and other important issues that are similar between LLMs and MLLMs, those that are different but obvious improvements, and those that should cause us to watch developments in this area carefully.
9 minute read

New York Law Journal

Major Milestone for Psychedelic-Assisted Therapy: Lykos Therapeutics Submits New Drug Application to the FDA for MDMA-Assisted Therapy for PTSD

On Dec. 12, 2023, MAPS PBC, now Lykos Therapeutics, announced their submission of a New Drug Application to the FDA for MDMA in combination with psychotherapy for the treatment of post-traumatic stress disorder.
7 minute read

New York Law Journal

'Diaz': SCOTUS to Consider Expert Law Enforcement Testimony

In November of 2023, the Supreme Court granted certiorari in United States v. Diaz, which raises a question about the admissibility of expert law enforcement testimony offered to support the prosecution's theory that the defendant knew she was transporting drugs. In his article, Yale Law Professor Paul Schechtman discusses the case and its potential implications.
12 minute read

New York Law Journal

Developments at the PTAB: What Practitioners Can Learn From Vidal's 2023 Sua Sponte Director Reviews

This article reviews some of Director Kathi Vidal of the Patent Trial and Appeal Board's notable 2023 sua sponte director reviews and provides practice tips for PTAB practitioners based on those decisions.
8 minute read

New York Law Journal

Three Mass Torts Trends to Watch in 2024

Bankruptcy was the big trend in mass torts in 2023 but there were three others worth noting, which Mark Eveland highlights here.
9 minute read

New York Law Journal

Insured Capacity and Outside Capacity: Status Matters

D&O liability insurance policies provide coverage for claims arising out of wrongful acts committed by directors or officers of the insured entity—that is their insured capacity. By contrast, in policies where insured capacity is addressed by exclusion, the outside capacity exclusion will bar coverage for loss arising from claims relating to an insured person's conduct in any capacity other than as a director or officer of the insured entity.
8 minute read

New York Law Journal

New Year, New Deal? SDNY Prosecutors Ring in the New Year With Pilot Program for Non-Prosecution of Individual Whistleblowers

      On Wednesday, Jan. 10, 2024, the U.S. Attorney's Office for the Southern District of New York (SDNY) announced implementation…
5 minute read

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