New York Law Journal | Analysis
By Michael W. Macomber and Nicholas Devyatkin | October 24, 2017
Paid Family Leave allows employees to take time off for the birth or adoption of a child, to care for a close relative with a serious medical condition or to raise a family while a spouse is deployed for active military service.
New York Law Journal | Analysis
By Christine A. Fazio and Ethan I. Strell | October 23, 2017
In their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell write: Beginning in the 1950s, states began adopting recreational use statutes, which shield landowners from tort liability when people engage in certain types of outdoor recreation on those lands, thus encouraging recreation. Although New York's, New Jersey's, and Connecticut's statutes are structured similarly, their application has been far from uniform.
New York Law Journal | Analysis
By Peter A. Kolbert and Andrew S. Kaufman | October 23, 2017
Peter A. Kolbert and Andrew S. Kaufman write: It is time for thoughtful evaluation of New York state's tort laws as they apply to medical malpractice and personal injury cases. Lavern's Law should not be signed into law unless it is part of a broader effort to achieve fairness for all parties in medical malpractice cases.
New York Law Journal | Analysis
By Ethan A. Kobre | October 23, 2017
Ethan A. Kobre writes: As litigants and lawyers have discovered the efficacy of enforcing statutory and common-law books-and-records access rights through summary proceedings, this trend has spread not only to the residential cooperative corporation context but also to an even more popular form of communal living in New York: condominiums.
New York Law Journal | Analysis
By Richard Emery | October 23, 2017
In his Judicial Conduct column, Richard Emery addresses the issue of using judicial influence which furthers private interests. He reviews three cases recently decided by the New York State Commission on Judicial Conduct, which cast a harsh light on the persistent problem of judges using their office to benefit themselves or others.
New York Law Journal | Analysis
By Peter A. Crusco | October 23, 2017
In his Cyber Crime column, Peter A. Crusco addresses the particularity requirement as it relates to digital evidence seized by search warrant, reviews some of the recent cases, and highlights possible trends.
New York Law Journal | Analysis
By Mark A. Cuthbertson | October 20, 2017
Mark A. Cuthbertson examines the arguments for and against short-term rentals, using AirBnB as an example, and discusses different regulatory tools available to municipal officials to regulate such activity.
New York Law Journal | Analysis
By Conrad Teitell | October 20, 2017
In his Estate Planning and Philanthropy column, Conrad Teitell analyzes a scenario in which an individual who sold publicly traded stock can avoid the capital gains tax.
New York Law Journal | Analysis
By Steven Andersen | October 20, 2017
In this Law Firm Management column, Steven Andersen shares observations from his recent jury service, providing a perspective to litigators on what goes on in the jury room, even if the stakes of the case are low.
New York Law Journal | Analysis
By Thomas J. Hall | October 19, 2017
In his Commercial Division Update, Thomas J. Hall writes: The narrowness of the doctrines of impossibility and frustration of purpose—and their questionable utility for litigators—underscores the importance of striving during the contract drafting process to include contingency clauses providing for foreseeable possibilities and language making clear the contract's purpose.
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