New York Law Journal | Expert Opinion
By Samuel Estreicher and Holly H. Weiss | May 31, 2018
On May 21, the Supreme Court handed down its highly anticipated decision in Epic Systems v. Lewis, 584 U.S. ___ (2018). The court, in a 5-4 decision, upheld arbitration agreements that waive employees' rights to bring class arbitration against their employers.
New York Law Journal | Expert Opinion
By Edward E. Neiger | May 30, 2018
This issue of the Bankruptcy Update focuses on recent restructurings in the shoe industry. The column delves into the bankruptcy proceedings of Aerogroup International, Nine West and The Rockport Co.
New York Law Journal | Analysis
By Barry Black and John B. Madden | May 29, 2018
New York courts have not yet decided whether they may hear sexual harassment lawsuits against religious institutions. Learn more in this Religion Law column by Barry Black and John B. Madden.
New York Law Journal | Analysis
By Scott E. Mollen | May 29, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses “159 MP Corp. v. Redbridge Bedford,” which involved an appeal by commercial tenants in an action for a judgment declaring that two long term commercial leases are in full force and effect and that the tenants are not in violation of their obligations under the leases. A trial court had denied their motion for a Yellowstone injunction…and granted the landlord's cross motion for summary judgment dismissing the complaint.
New York Law Journal | Analysis
By Bruce J. Bergman | May 29, 2018
For those occasions when a mortgage lender may elect to sue on the note—as opposed to foreclosing the mortgage—saving service of the 90-day notice which might otherwise be elicited by the pervasively ubiquitous RPAPL §1304 is meaningful. Is the notice required? The Second Department says yes, while the Fourth Department says no. Until this issue is addressed by the Court of Appeals, the answer to the question remains uncertain.
By Steven A. Cash and Naju R. Lathia | May 29, 2018
Steven A. Cash and Naju R. Lathia discuss the issues that arise when your client is the victim of a cybercrime—with a focus on the who, what, when, where and why's of involving law enforcement.
New York Law Journal | Analysis
By Stephen Treglia | May 28, 2018
What should concern every entity that possesses someone else's personal data is the fact that the rapid recent evolution of cybersecurity laws and regulations so soon after the start of the 21st century readily implies the dust is, as of yet, far from settled.
New York Law Journal | Expert Opinion
By Priscilla Lundin | May 25, 2018
The findings of the landmark study of 13,000 currently practicing lawyers by the American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation (ABA/Hazelden study) published in the American Bar Journal in 2016 and elsewhere, revealed that between 21 and 36 percent qualified as problem drinkers.
New York Law Journal | Analysis
By Eugene H. Goldberg | May 24, 2018
On Feb. 15, 2018, the New York Court of Appeals, in Dormitory Authority of the State of New York v. Samson Constr. Co., 2018 NY Slip Op. 01115, issued a significant opinion discussing contract third-party beneficiaries and duplication of causes of action in contract and malpractice.
New York Law Journal | Commentary
By Arthur J. Ciampi | May 24, 2018
Whether bonus payments to employees are “wages” under the New York Labor Law is an oft-litigated issue in employment disputes.
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