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New York Law Journal

'Diaz': SCOTUS to Consider Expert Law Enforcement Testimony

In November of 2023, the Supreme Court granted certiorari in United States v. Diaz, which raises a question about the admissibility of expert law enforcement testimony offered to support the prosecution's theory that the defendant knew she was transporting drugs. In his article, Yale Law Professor Paul Schechtman discusses the case and its potential implications.
12 minute read

New York Law Journal

Developments at the PTAB: What Practitioners Can Learn From Vidal's 2023 Sua Sponte Director Reviews

This article reviews some of Director Kathi Vidal of the Patent Trial and Appeal Board's notable 2023 sua sponte director reviews and provides practice tips for PTAB practitioners based on those decisions.
8 minute read

New York Law Journal

Three Mass Torts Trends to Watch in 2024

Bankruptcy was the big trend in mass torts in 2023 but there were three others worth noting, which Mark Eveland highlights here.
9 minute read

New York Law Journal

Insured Capacity and Outside Capacity: Status Matters

D&O liability insurance policies provide coverage for claims arising out of wrongful acts committed by directors or officers of the insured entity—that is their insured capacity. By contrast, in policies where insured capacity is addressed by exclusion, the outside capacity exclusion will bar coverage for loss arising from claims relating to an insured person's conduct in any capacity other than as a director or officer of the insured entity.
8 minute read

New York Law Journal

New Year, New Deal? SDNY Prosecutors Ring in the New Year With Pilot Program for Non-Prosecution of Individual Whistleblowers

      On Wednesday, Jan. 10, 2024, the U.S. Attorney's Office for the Southern District of New York (SDNY) announced implementation…
5 minute read

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

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