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New York Law Journal

Interim and Emergency Measures in International Commercial Arbitration: Time to Say Goodbye to Irreparable Harm and Likelihood of Success on the Merits?

It is submitted that an applicant for interim or emergency relief should only be required to establish that immediate loss or damage will result if relief is not granted, that it has an arguable case on the merits and that the equities are balanced in its favor. “Irreparable harm” and “likelihood of success” should not be an arbitrator's guiding star.
10 minute read

New York Law Journal

Access vs. Use: The CFAA in the Age of the DTSA

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas write: Once the only reliable statutory argument for federal-question jurisdiction in a trade secret dispute, the CFAA now acts as a complement to the DTSA by protecting sensitive information from a different perspective. This being said, several circuits are split on the scope of the protections afforded to employers under the CFAA, limiting the statute's effectiveness in certain jurisdictions.
10 minute read

New York Law Journal

Consideration of Post-Trial Events on Custody Appeals

Since there is no definitive “solution,” it is especially important to consider how systematic delay, the growth and natural development of the children and/or a post-trial change in circumstances can be used by the non-custodial parent to obtain reconsideration of a custody determination.
8 minute read

New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Fleetwood Commons Inc. v. Fredericks,” where the court held under the business judgment rule that a co-op board's determination to terminate the proprietary lease was within the scope of its authority, and “90 Elizabeth Apt. v. Eng,” a landlord-tenant case where the court found for the tenant, holding that unlike under rent stabilization, an occupant entitled to succession to a rent-controlled tenancy has no affirmative obligation to do anything to assert his or her claim.
15 minute read

New York Law Journal

Putative Class Actions For Rent Overcharges

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein discuss 'Maddicks v. Big City Prop.,' a recent decision where the court found no basis for class certification.
6 minute read

New York Law Journal

Reasonableness, Proportionality Are Guiding Principles for TAR, Judge Finds

In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss 'Winfield v. City of New York', a decision which adds to the growing body of law that as long as a producing party's use of technology-assisted review tools, including predictive coding, is reasonable and proportional in the context of a matter, the mechanics of such efforts should not be open to scrutiny by an opposing party.
7 minute read

New York Law Journal

Critical DFS Cybersecurity Deadline Approaching: Corporate Officers and Directors on Notice

Given DFS's historical emphasis on individual accountability at its regulated entities, preparing for this compliance certification is critical.
6 minute read

New York Law Journal

Closing Bell: Three Year-End Decisions From the Surrogate's Courts

Trusts and Estates columnists Ilene Sherwyn Cooper writes: As the year 2017 came to a close, Surrogate's Courts throughout the state continued to address a multitude of issues affecting trusts and estates.
8 minute read

New York Law Journal

A Discovery Rule for Cancer Cases

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: Effective Jan. 31, 2018, New York has adopted a discovery rule applicable to medical malpractice actions stemming from failures to timely diagnose cancer or a malignant tumor.
12 minute read

New York Law Journal

'Because': The Most Important Word in Discrimination Claims

It is not unlawful to take action against someone who is a member of a protected class, but it is unlawful to do so because of membership in that class. The difference is crucial.
11 minute read

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