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New York Law Journal

FTC's New 'Click To Cancel' Rule Is Here, But Will It Survive Judicial Challenge?

Businesses that haven't adjusted click-to-cancel procedures face legal consequences. Andrew Lustigman and Morgan Spina discuss the impact on various industries, from subscription services to telemarketing companies and the legal compliance obligations associated with continuity programs.
9 minute read

New York Law Journal

Authentication and Reliability of AI and Digital Evidence – What Must The Expert Demonstrate

This article discusses artificial intelligence and its impact in the courtroom.
7 minute read

New York Law Journal

The Least Restrictive Way to Limit Letters of Administration

"In New York, although a practitioner might expect the Surrogate's Courts to act uniformly as part of the New York State Unified Court System, Surrogate's Courts in various counties may operate differently when assessing petitions. One example is with respect to restrictions placed on letters of administration. While under-restricting letters of administration may result in inadequate safeguards on the interests of non-consenting distributees, over-restricting letters could result in (i) a hindrance of a fiduciary's powers statutorily granted under EPTL §11–1.1, (ii) an unnecessary burden on the court's limited resources caused by additional applications to remove the restrictions, (iii) delayed administration of estates, and (iv) conflicts with the legislative intent as expressed in the Bennett commission."
10 minute read

New York Law Journal

Appealability of Prejudgment Orders: CPLR 5512, Court of Appeals, Legislative Intent

This article discusses the appealability of prejudgment orders.
10 minute read

New York Law Journal

Dropping a Client Like a 'Hot Potato'

Professor Bennett Gershman and Joel Cohen, a senior counsel at Petrillo Klein & Boxer, engage in a back and forth over a perplexing ethical and practical issue that has recently arisen and may continue to bedevil law firms in an increasingly polarized society.
8 minute read

New York Law Journal

New Cybersecurity Regulations are Here. This Is What You Need to Know.

Attorneys from Quinn Emanuel Urquhart & Sullivan break down new requirements promulgated by the New York State Department of Financial Services.
5 minute read

New York Law Journal

­What It Means To Have 'Joint Legal Custody'

"Educating our clients on the need to adapt to routine decisional absence may just be the ticket to ensuring that a newly developed joint custodial arrangement starts off on the right foot."
7 minute read

New York Law Journal

Try This Breathing Technique Before Your Next Stressful Meeting

One helpful breathing technique is the "physiological sigh," which attorneys can use anytime and anywhere—and particularly at times of high stress, psychotherapist Jennifer Kupferman writes.
2 minute read

New York Law Journal

Business Unusual: Recent Applications of New York's Business Judgment Rule

Although the business judgment rule provides broad protections, it is not absolute and can be overcome when directors' actions fall outside of the bounds of acceptable corporate behavior. In her article, Lara Flath looks at recent decisions by New York courts at various stages of litigation that reviewed allegations of self-dealing or self-interest on the part of defendants. 
6 minute read

New York Law Journal

Are Superfund Sites Ever Really Closed?

Superfund Sites are notorious for taking a long time to resolve. But are they ever really closed? Superfund settlements are intended to provide settling parties with finality. The incorporation of reopener clauses in Superfund settlement agreements, typically required by EPA, and changes in the regulation of contaminants can undermine this goal. EPA's recent decisions to list certain PFAS chemicals as hazardous substances, revise the risk evaluation for 1,4,-dioxane, and lower risk levels for lead have dramatically increased the likelihood that Superfund Sites across the country may be reopened.
10 minute read

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