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New York Law Journal

When Terms of Use Put 'Reasonably Prudent User' on Notice

In their Privacy Matters column, Richard Raysman and Peter Brown discuss a recent SDNY decision premised on the reality that a "reasonable" Internet user would know that a blue highlighted hyperlink is the archetypal command to a user that the entirety of the referenced document can be viewed by clicking on the hyperlink.
8 minute read

New York Law Journal

New Criminal Justice Legislation: Part One

In his Criminal Law and Procedure column, Barry Kamins presents a review of new legislation amending the Penal Law, Criminal Procedure Law and other related statutes. His discussion highlights key provisions of the new laws.
21 minute read

New York Law Journal

Unreliable Methodologies Doom Neck Brace Experts

In his Complex Litigation column, Michael Hoenig discusses rulings in 'Lyons v. Leatt Corp.' The rulings are lengthy and detailed, but the reader should not bail out on reviewing them. There are valuable lessons to be learned.
10 minute read

New York Law Journal

The Emerging Crisis of PFAS Exposure

Paul J. Napoli and Tate J. Kunkle write: Are PFAS the next MTBE? Or, perhaps the next asbestos? Or, in the words of William Shakespeare, is it much ado about nothing? That is the question from both sides of the bar, as well as industry and the regulatory bodies.
18 minute read

New York Law Journal

Alabama Senator-in-Waiting Roy Moore and Constitutional Anarchy

In his Civil Rights and Civil Liberties column, Christopher Dunn writes: Roy Moore's Alabama primary win to become the Republican candidate for a U.S. Senate seat is big news for the world of constitutional law. Moore's defiant approach to the federal courts has surfaced most dramatically around two hot-button issues: a Ten Commandments monument and gay marriage.
9 minute read

New York Law Journal

Unlimited Liability in Limited Liability Companies

Vincent DiLorenzo writes: Real estate owners and developers often form limited liability companies (LLCs) to shield themselves from liability. Is this an effective means to accomplish this purpose? Curiously, the New York case law had little to say on this issue until a 2016 Second Department decision.
9 minute read

New York Law Journal

Attorneys as Whistleblowers

In their Labor Relations column, David E. Schwartz and Risa M. Salins discuss recent decisions addressing what happens when an attorney uses confidential information to blow the whistle on a current or former client, and examine key considerations governing attorney conduct in whistleblower cases.
9 minute read

New York Law Journal

Retail Bankruptcy Trends

Gary Eisenberg writes: Retail bankruptcies continue apace in 2017. Their effects on commercial real estate are potentially widespread. What has been less well understood is how changes to the Bankruptcy Code from over a decade ago and trends in bankruptcy practice have combined to limit considerably the likelihood that any retailer filing for Chapter 11 bankruptcy relief can emerge successfully as a reorganized company.
6 minute read

New York Law Journal

The Electricity Sector Heats Up. But Is Electricity a 'Good' Under Article 9?

In her Secured Transactions column, Barbara M. Goodstein writes: The nature of electricity as an asset under the UCC will undoubtedly become more of an issue over time. Overall, most courts considering the issue have held electricity to constitute “goods,” although the bankruptcy cases continue to be divided. New York courts are the sole outlier in non-bankruptcy cases.
11 minute read

New York Law Journal

Failing to Pay a FINRA Arbitration Award: The Good, The Bad and The Ugly

Ethan A. BrecherThe consequences to a Financial Industry Regulatory Authority (FINRA) registered representative for not paying an adverse arbitration…
12 minute read

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