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New York Law Journal

Notable Decisions From the 2016-2017 Term, Continued 

In his Evidence column, Michael J. Hutter continues his discussion of 2016-2017 evidence decisions which were important due to their practical impact but which might be overlooked by the bench and bar due to their less-heralded nature.
12 minute read

New York Law Journal

Cybersecurity in the Health Care Sector

In his Health Law column, Francis J. Serbaroli discusses an important new report by a federal cybersecurity task force on the dangers of cyberattacks in the health care industry. He summarizes the report's comprehensive recommendations, and warns that health care organizations that ignore or underestimate the dangers of cyberattacks face considerable financial and legal liabilities.
9 minute read

New York Law Journal

Pre-Impact Terror and Conscious Pain and Suffering in Wrongful Death Cases

Trial Practice columnists Robert S. Kelner and Gail S. Kelner write that even though the jury awards were reduced in the catastrophic 91st St. crane collapse case, the Appellate Division allowed very significant amounts for the decedents' preimpact terror as the giant crane collapsed, and for their conscious pain and suffering after sustaining catastrophic injuries. This decision should encourage more vigorous examination of damages for preimpact terror and conscious pain and suffering in future wrongful death cases.
13 minute read

New York Law Journal

'Move over, please?' Law Firms Get a Seat at the Litigation Finance Table

James Blick and Erika Levin write: Whatever you may think about litigation finance, funders are out there and they are finding good quality, high-value cases in which to invest and charging big returns on the winners. But if litigation finance is booming, then why too aren't law firm profits, buoyed up by a rising tide of contingency fee revenue?
13 minute read

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