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New York Law Journal

New York Court of Appeals Reinforces Attorney-Client Privilege Principles

A recent New York Court of Appeals decision clarified the scope of the attorney-client privilege under New York law.
6 minute read

New York Law Journal

Federal Judge Issues Scathing Rebuke of Patent Trolls

A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.
8 minute read

New York Law Journal

Geopolitical Risks Force Us to Fastrack AI in Financial Crime Compliance

The pace of change combined with the unpredictability of updates from major regulators has increased pressure on legal and compliance professionals to keep pace.
5 minute read

New York Law Journal

Ancient Torts and Modern Assets

Recent court rulings show the venerable common-law tort of conversion providing an effective vehicle for relief in a number of cryptocurrency and NFT disputes.
19 minute read

New York Law Journal

The Doctrine of Relation Back: 'Nemeth v. K-Tooling'

The doctrine of relation back has generated a substantial body of case law. It was recently re-examined at the end of 2023 by the Court of Appeals in 'Nemeth v. K-Tooling', resulting in important clarification of ambiguities in the three-pronged analysis which have arisen over time.
12 minute read

New York Law Journal

The Parenting Coordinator

In a contested custody case, a court may appoint a mental health professional to conduct a forensic evaluation and testify as an expert to assist the court in making such determinations. Occasionally, courts have appointed mental health professionals as parenting coordinators to assist them in complying with their parenting plan.
13 minute read

New York Law Journal

Battling Bias In Workplace Predictive A.I.: Challenges for Employers and the Bar

The use of AI in employment is truly a new frontier. AI reflects the world from which it learns and those who create it. Employers cannot rely on AI tools alone for employee recruitment and management. Proactively mitigating algorithmic bias is not only warranted but, in some forward-thinking jurisdictions, mandatory.
8 minute read

New York Law Journal

Phone Home: Inflatable Alien Costume Held Copyrightable

To ring out the old year on an otherworldly note, the Western District of Pennsylvania issued a preliminary injunction in a case involving the unauthorized copying of an inflatable adult Halloween costume that created the "whimsical" illusion that the wearer was being carried around by a seven-foot-tall green space alien.
6 minute read

New York Law Journal

New York State Legislation Limiting Withholding of Retainage on Private Construction Projects: What Does It Mean for Your Contracts?

On Nov. 17, 2023, Governor Kathy Hochul signed legislation amending New York's General Business Law Sections 756-a and 756-c, known as the Prompt Payment Act, to limit the withholding of retainage on private improvement construction projects. As a result of these amendments, close attention must be paid to contract terms and conditions during contract preparation, review or negotiation.
5 minute read

New York Law Journal

The Ethics of Lawyer Movement (Part Two)

This article is the second (of two) to consider New York City Bar Association Committee on Professional and Judicial Ethics Formal Opinion 2023-1 addressing "Attorney Departing From a Law Firm." In this article, Anthony Davis and Janis Meyer discuss the Opinion's further treatment of the subjects of communications with clients.
9 minute read

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