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New York Law Journal

The Parenting Coordinator

In a contested custody case, a court may appoint a mental health professional to conduct a forensic evaluation and testify as an expert to assist the court in making such determinations. Occasionally, courts have appointed mental health professionals as parenting coordinators to assist them in complying with their parenting plan.
13 minute read

New York Law Journal

Battling Bias In Workplace Predictive A.I.: Challenges for Employers and the Bar

The use of AI in employment is truly a new frontier. AI reflects the world from which it learns and those who create it. Employers cannot rely on AI tools alone for employee recruitment and management. Proactively mitigating algorithmic bias is not only warranted but, in some forward-thinking jurisdictions, mandatory.
8 minute read

New York Law Journal

Phone Home: Inflatable Alien Costume Held Copyrightable

To ring out the old year on an otherworldly note, the Western District of Pennsylvania issued a preliminary injunction in a case involving the unauthorized copying of an inflatable adult Halloween costume that created the "whimsical" illusion that the wearer was being carried around by a seven-foot-tall green space alien.
6 minute read

New York Law Journal

New York State Legislation Limiting Withholding of Retainage on Private Construction Projects: What Does It Mean for Your Contracts?

On Nov. 17, 2023, Governor Kathy Hochul signed legislation amending New York's General Business Law Sections 756-a and 756-c, known as the Prompt Payment Act, to limit the withholding of retainage on private improvement construction projects. As a result of these amendments, close attention must be paid to contract terms and conditions during contract preparation, review or negotiation.
5 minute read

New York Law Journal

The Ethics of Lawyer Movement (Part Two)

This article is the second (of two) to consider New York City Bar Association Committee on Professional and Judicial Ethics Formal Opinion 2023-1 addressing "Attorney Departing From a Law Firm." In this article, Anthony Davis and Janis Meyer discuss the Opinion's further treatment of the subjects of communications with clients.
9 minute read

New York Law Journal

Two CPLR Devices Worth Remembering

This month, Katryna Kristoferson and David Horowitz visit two lesser-known and used CPLR devices: the summons with notice and a motion for pre-action disclosure. This column is joined by Justice Barbara Jaffe (Ret.), who writes on the summons with notice, including an interesting experience she encountered with the device while on the bench. Katryna then takes the laboring oar and writes on pre-action disclosure.
13 minute read

New York Law Journal

When Do Omissions Create Private Liability? The Supreme Court Ponders

On Jan. 16, 2024, the Supreme Court heard 'MacQuarie Infrastructure Corp. v. Moab Partners L.P.', which will presumably resolve a circuit split. The question before the court is whether the Second Circuit erred in holding "that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under §10(b) of the Exchange Act, even in the absence of an otherwise misleading statement."
10 minute read

New York Law Journal

Tax Return Confidentiality: Recent Developments

Over the past year, federal courts have issued decisions clarifying the extent to which §6103 shields tax returns and return information from disclosure in civil litigation, the extent to which the IRS is permitted to disclose confidential information during and in connection with investigations, and the application of a safe harbor shielding the government from liability for unauthorized disclosures.
10 minute read

New York Law Journal

Implied Covenant of Good Faith and Fair Dealing in Public Construction Projects: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "SCE Environmental Group v. Murnane Bldg. Contrs. Inc." involving three litigations arising from a public construction project commenced by the NYS Office of General Services.
14 minute read

New York Law Journal

Use of Police Dogs Constitutes Search Implicating Fourth Amendment Protections

In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.
7 minute read

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