New York Law Journal | Analysis
By Mark A. Berman | July 1, 2024
Recent decisions addressing AI-enhanced evidence and AI-generated results demonstrate that courts want to know what is in the "black box" and, without understanding the "black box," courts are unwilling to accept AI-created results.
New York Law Journal | Analysis
By Martin A. Schwartz | July 1, 2024
The U.S. Court of Appeals for the Sixth Circuit recently issued an important decision on the use of taser force against a passively resisting suspect in 'Saalim v. Walmart'.
New York Law Journal | Analysis
By Jenna C. Smith and Adam R. Shaw | July 1, 2024
This column discusses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment explores two recent decisions by Senior U.S. District Court Judge Lawrence E. Kahn evaluating a constitutional challenge to recent amendments to New York's Emergency Tenant Protection Act (ETPA), N.Y. Unconsol. Law §8623.
By Alan Feigenbaum | June 28, 2024
Alan Feigenbaum, partner at Blank Rome, writes: As divorce lawyers, we must choose our words carefully, particularly in emails. The J.G. decision is a reminder that how we choose our words can carry enormous consequences in the outcome of a matrimonial case.
New York Law Journal | Analysis
By Corinne Ball | June 27, 2024
As recently discovered by a bidder following a bankruptcy sale, the 'Go Global Retail v. Dream on Me' decision once again confirms that there are limits to the protection provided by statutory mootness and bankruptcy court sale orders.
By Dilpreet Rai and Alyssa Rower | June 27, 2024
In New York, assets held in trusts established and funded by a third-party for the benefit of a spouse are excluded from the marital property estate; however, if the beneficiary has access to a discretionary trust during the marriage, certain issues may still arise in a divorce.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | June 26, 2024
Many businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.
New York Law Journal | Analysis
By Carrie H. Cohen and Allison M. Magnarelli | June 26, 2024
With U.S. Senator Bob Menendez on trial for bribery fraud and corruption‑related offenses, any conviction will almost assuredly be followed by an appeal. This article analyzes the state of Supreme Court jurisprudence on public corruption, including the crimes of honest services fraud and extortion under color of official right. It also highlights potential trends and future legal issues that might arise in other federal public corruption cases.
By Cort T. Malone and Kathleen Gatti | June 26, 2024
Anderson Kill's Cort Malone and Kathleen Gatti spotlight a May 29 ruling from the Northern District of New York allowing a bad faith claim against an insurer to go forward, reaffirming policyholders' right to seek consequential damages when insurance companies unreasonably delay or deny claims.
By Scott Mollen | June 25, 2024
Scott Mollen discusses "Three Amigos Holding Inc. v. Maxben Holdings," "Paramount Leasehold v. Krasny Office," and "PLG Bedford Holdings v. Prestige Deli & Grill Corp."
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