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New York Law Journal

Best Practices in Drafting Divorce Settlement Agreements

David Bliven addresses some deficiencies he's come across in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses practitioners may implement in their own practices.
11 minute read

New York Law Journal

Court Considers Victims' Right to Sue Over Data Breach

In his Intellectual Property column, Stephen M. Kramarsky discusses a recent decision from the Southern District of New York that examines that balance and the scope of a company's duty to protect the sensitive information of its employees and customers.
11 minute read

New York Law Journal

What the Tax Cuts and Jobs Act Would Mean for Individuals

Tax Tips columnists Sidney Kess takes a look at the Tax Cuts and Jobs Act of 2017 and provides roundup of some of the new rules impacting individuals, what old rules would be eliminated, and what old rules would be retained.
8 minute read

New York Law Journal

When Can State Courts Decide Religious Disputes?

Barry Black and Jonathan Robert Nelson examine a significant 2007 religion law decision by the New York Court of Appeals and discuss how it has been applied over the past decade.
9 minute read

New York Law Journal

Joint Employer Liability in the United States and Australia

Franchising columnist Rupert M. Barkoff writes: Why is the New York Law Journal publishing an article on the joint employer liability issue in the United States and Australia? Because this issue, which has been THE hot issue in U.S. franchise law for several years, has also shown its face in Australia during this period, and is now the headline legal issue in Australian franchising as well.
10 minute read

New York Law Journal

Privacy Versus Openness: Sealing Guardianship Proceedings

In this Elder Law column, Renee R. Roth and Daniel G. Fish write: Guardianship cases require a careful balancing of the public's right to access to the proceeding and the AIP's right to privacy. It should be observed that these cases are markedly different from ordinary judicial proceedings where the parties voluntarily participate and understand that personal details of their lives may become public.
8 minute read

New York Law Journal

Opioid Crisis Costs: Is There a Cause of Action?

Paul Napoli and Marie Napoli write: There are several causes of action that the municipalities could bring to attempt to recover their damages resulting from the opioid epidemic.
9 minute read

New York Law Journal

'Monell' Claims Allowed, Motion to Dismiss Denied, and Inadequate Smuggling Allegation

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent decisions: one allowing 'Monell' claims against the City of New York to proceed; another denying a motion to dismiss “disquieting” claims, brought under the False Claims Act; and another that found that an indictment had not adequately alleged smuggling under 18 U.S.C. §554.
18 minute read

New York Law Journal

Discoverability of Attorney-Generated Documents in Insurance Company Files

In his Insurance Law column, Jonathan A. Dachs writes: In a series of recent cases, the courts have analyzed the insurer's obligation to disclose the contents of its files, including attorney communications with regard to the decision of whether to accept or reject a claim, notwithstanding the insurer's invocation of the “material prepared for litigation” and/or attorney-client privileges—with mixed results.
14 minute read

New York Law Journal

Court Decides Case Closely Watched by Real Estate Industry

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Princes Point v. Muss Development', in which the Court of Appeals ruled that the filing of a suit to rescind or reform a contact did not under the circumstances constitute an anticipatory breach of that contract.
15 minute read

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