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New York Law Journal | Analysis
By Barry Kamins | February 2, 2018
Criminal Law and Procedure columnist Barry Kamins writes: Several recent decisions clearly signal the DiFiore court's continuing commitment to protecting defendants from wrongful convictions and protecting constitutional rights in criminal cases.
New York Law Journal | Analysis
By Michael I. Rudell and Neil J. Rosini | February 2, 2018
Entertainment Law columnists Michael I. Rudell and Neil J. Rosini write: When a band name retains its value notwithstanding changes in band personnel, a recurring legal question arises: Who among the band members retains the right to continue performing under the name of the original band?
New York Law Journal | Analysis
By Barry Temkin and Atea Martin | February 2, 2018
While abundant publicity has accompanied spectacular data breaches at Equifax and Yahoo, less attention has been paid to cybersecurity at law firms. This, however, is changing, as cybersecurity events, including hacking, are on the rise at law firms.
New York Law Journal | Analysis
By David E. Schwartz and Risa M. Salins | February 1, 2018
Labor Relations columnists David E. Schwartz and Risa M. Salins write: On Jan. 5, 2018, the DOL announced it would replace its six-part test for determining when an intern is entitled to minimum wages and overtime pay as an employee under the Fair Labor Standards Act. The DOL's new test allows courts to examine the economic realities of the intern-employer relationship to determine which party is the “primary beneficiary” of the relationship.
New York Law Journal | Analysis
By Brian J. Shoot and Susan M. Jaffe | February 1, 2018
In this Construction Accident Litigation column, Brian J. Shoot and Susan M. Jaffe write: The Court of Appeals is frequently called upon to make rulings concerning the scope and application of Labor Law §240, the so-called scaffold statute. It sometimes explains the grounds for its determinations in great detail. This column concerns a recent case in which the court went in, well, a different direction.
New York Law Journal | Analysis
By Sarah Coyne | February 1, 2018
Later this month, the U.S. Supreme Court will hear oral argument regarding the Second Circuit's decision in 'United States v. Microsoft', a controversial ruling that highlights the tension between the present-day reality of electronic data that moves rapidly and readily across the globe, and traditional views of evidence as residing within specific national borders.
New York Law Journal | Analysis
By Barbara M. Goodstein | January 31, 2018
Secured Transactions columnist Barbara M. Goodstein writes: I'm happy that tax issues usually don't play a major role in most plain vanilla syndicated secured lending facilities. One area, however, that we finance lawyers have had to contend with, even in plain vanilla syndicated loan facilities, is §956 of the Internal Revenue Code.
New York Law Journal | Analysis
By Christopher Dunn | January 31, 2018
In his Civil Rights and Civil Liberties column, Christopher Dunn revisits the troubling practice of denying bail to arrestees deemed to pose a threat to public safety. He writes: "The deeply controversial nature of this form of preventive detention is largely lost in the current bail-reform debate, but it was only 30 years ago that the Supreme Court definitively addressed the issue. And it did so in a decision that lays bare the extraordinary constitutional implications of jailing people, often for years, who are presumed to be innocent on the supposition they will commit a future crime.:
By Milton Springut | January 31, 2018
Milton Springut discusses "Crye Precision v. Duro Textiles," a recent Second Circuit decision which extends the common-law restrictions on non-compete provisions to a new area: intellectual property licenses.
New York Law Journal | Analysis
By Michael J. Hutter | January 30, 2018
Evidence columnist Michael J. Hutter presents an evidence quiz. Take a break and see if you know evidence as well as the judges before whom you will be appearing.
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