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New York Law Journal

Corporate Governance Update: A Formative Period for AI Regulation

With the issuance in October 2023 of a wide-ranging executive order on artificial intelligence, the Biden administration took its most significant action to date toward oversight of the development and use of AI technologies. In the absence of Congressional action in this area, the order represents a step toward laying the groundwork for future federal regulatory action by a broad swath of agencies and departments.
7 minute read

New York Law Journal

Proximate Cause: Plaintiff's Employer and Its Post-'Burlington' Role in the Duty To Defend Analysis

In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the decision.
8 minute read

New York Law Journal

Statutory Requirements For Enforcing International Arbitral Awards Are Not Jurisdictional

In this article, the authors look at two recent circuit court decisions that held that such requirements under the New York Convention and under the FAA are procedural and, therefore, do not oust a court of subject matter jurisdiction, even if the requirements are not strictly met.
9 minute read

New York Law Journal

Foreclosure Orders; Default Judgement of Foreclosure and Sale; Water Charge Calculations: This Week In Scott Mollen's Realty Law Digest

Scott Mollen discusses "Universal Construction, Inc. v. Ramza," "Axos Bank v. Ottomanelli," and "Omega Mkt. v. NYC Dep't of Environmental Protection.
16 minute read

New York Law Journal

Court Expands 'Monroe' Test for Zoning Immunity

A discussion of the Second Department's expansion of the 'Monroe' balancing test for zoning immunity on private projects that serve a public interest.
7 minute read

New York Law Journal

New York Court of Appeals Reinforces Attorney-Client Privilege Principles

A recent New York Court of Appeals decision clarified the scope of the attorney-client privilege under New York law.
6 minute read

New York Law Journal

Federal Judge Issues Scathing Rebuke of Patent Trolls

A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.
8 minute read

New York Law Journal

Geopolitical Risks Force Us to Fastrack AI in Financial Crime Compliance

The pace of change combined with the unpredictability of updates from major regulators has increased pressure on legal and compliance professionals to keep pace.
5 minute read

New York Law Journal

Ancient Torts and Modern Assets

Recent court rulings show the venerable common-law tort of conversion providing an effective vehicle for relief in a number of cryptocurrency and NFT disputes.
19 minute read

New York Law Journal

The Doctrine of Relation Back: 'Nemeth v. K-Tooling'

The doctrine of relation back has generated a substantial body of case law. It was recently re-examined at the end of 2023 by the Court of Appeals in 'Nemeth v. K-Tooling', resulting in important clarification of ambiguities in the three-pronged analysis which have arisen over time.
12 minute read

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