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New York Law Journal

Supersizing the Commercial Division: Is It a Good Idea?

David B. Saxe and Danielle C. Lesser write: A meal can be supersized at McDonald's, but should New York County's Supreme Court, Commercial Division be supersized as well?
9 minute read

New York Law Journal

Boards, Sexual Harassment, and Gender Diversity

Corporate Governance columnists David A. Katz and Laura A. McIntosh write: In light of recent events, corporate directors may consider adding an item to the agenda for their next board meeting: the issue of potential sexual misconduct at the company.
6 minute read

New York Law Journal

Working Through New York City's E-Designation Program

State Environmental Regulation columnist Charlotte A. Biblow discusses the City of New York's “e-designation” program, which many environmental practitioners deal with at one time or another.
8 minute read

New York Law Journal

Applying the Proportionality Standard Under Rule 26 Against the SEC in Enforcement Proceedings

Sarah Cave and Terence Healy examine how the proportionality standard under Rule 26 can be used to limit deposition discovery of the government in enforcement proceedings brought by the U.S. Securities and Exchange Commission.
7 minute read

New York Law Journal

Deferred Action, Expedited Litigation

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: When the Trump administration issued an order in September 2017 setting March 2018 as the end of Deferred Action for Childhood Arrivals, a flurry of litigation followed that reached the Second Circuit once and is headed there again.
7 minute read

New York Law Journal

The 'TC Heartland' Reshuffling of Patent Cases Continues

Patent and Trademark Law columnist Robert L. Maier writes: The Supreme Court's May 2017 decision in 'TC Heartland v. Kraft Foods Group Brands' reshaped the patent litigation landscape in the United States—now more evenly dispersing patent cases across courts nationwide. But courts continue to grapple with questions spawned by that decision, including as to whether it constituted a change in the law that could permit defendants in now-pending cases to raise new venue objections, even if they had not done so before.
9 minute read

New York Law Journal

'Desrosiers': Judicial Approval, Class Notice Are Required for Settlement of Uncertified Class Actions

Richard J. Schager Jr. writes: In a 4-3 decision last month, a divided New York Court of Appeals held that where an action brought as a class action is voluntarily dismissed, CPLR 908 requires both (1) judicial approval and (2) notice to the putative class, even where the class has not been certified, and even if no class certification motion has been made.
15 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 “Free People of PA LLC v. Delshah 60 Ninth LLC,” a commercial landlord-tenant case stemming from a landlord delivering premises approximately one year late.. Neither side was a prevailing party.
12 minute read

New York Law Journal

Landmarks Preservation Law Given Broad Reading by Divided Court

In his Zoning and Land Use Planning column, Anthony Guardino discusses "Matter of Save America's Clocks v. City of New York," where the Appellate Division, First Department issued a significant decision involving the proposed conversion of an interior landmark into a private residence.
9 minute read

New York Law Journal

Sexual Harassment in the Health Care Workplace

In his Health Law column, Francis J. Serbaroli discusses the long and unfortunate history of sexual harassment in the health care workplace. Given the recent spate of high-profile career-ending sexual harassment charges, he urges all health care employers to have comprehensive policies and procedures for handling complaints, to educate everyone in the organization about sexual harassment, and to promote a culture of respect for all employees.
10 minute read

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