By Andrew Lavoott Bluestone | July 5, 2024
Today in 2024, after a decade of discussing 'Grace v. Law,' author Andrew Bluestone re-surveys the field for Grace "likely to succeed" legal malpractice dismissals, finding the landscape "relatively unpopulated."
New York Law Journal | Analysis
By Thomas E. L. Dewey | July 3, 2024
In 'In re Tenaris S.A. Securities Litigation', Judge Kiyo Matsumoto found that the proposed settlement satisfied both procedural and substantive fairness. As to procedural fairness, the court found that the settlement resulted from arm's-length negotiations enhanced by substantial discovery and that lead plaintiffs and lead counsel had adequately represented the settlement class because they had engaged in "vigorous advocacy" on its behalf.
New York Law Journal | Analysis
By Jeffrey A. Galant | July 3, 2024
A noteworthy aspect of such planning, and the focus of this article, is the benefit, if any, of planning in advance for the relief from certain federal income tax liabilities potentially available to a married couple who reside together.
New York Law Journal | Analysis
By C. Raymond Radigan and Tara E. Mahon | July 3, 2024
A fiduciary of an estate must carefully balance his or her responsibilities to creditors of the decedent and to beneficiaries of the estate. A fiduciary "must act in good faith in the treatment of both" creditors and beneficiaries.
New York Law Journal | Analysis
By Kevin V. Small, Joseph J. Saltarelli and Charlotte Leszinske | July 3, 2024
This is part three in a series of articles explaining the fundamentals of Commercial Division practice. The article addresses key dates and deadlines that arise when litigating in the Commercial Division.
New York Law Journal | Expert Opinion
By Scott Mollen | July 2, 2024
Scott Mollen discusses "Mangold v. Board of Managers of Meadow Court Condominium," and "Wells Fargo Bank N.A. v. Louis."
New York Law Journal | Analysis
By Lara Flath, Jacob Fargo and Gaby Colvin | July 2, 2024
This article provides an overview of the rules that authorize courts to impose sanctions and examples of courts employing this power, particularly via monetary fines and other penalties, to deter discovery violations.
By Rebecca L. Rakoski and Patrick D. Isbill | July 2, 2024
Calling IT immediately after a cyber breach is a knee-jerk reaction, and a smart one at that. But what about the aftermath? Who do you call next? This article discusses the importance of notifying legal early in the process.
By Bruce J. Bergman | July 2, 2024
While lenders and servicers with New York portfolios should long have been exceptionally familiar with the requirement, such presumed awareness nonetheless seems to little diminish the constant—often fatal losses suffered.
New York Law Journal | Analysis
By Mark A. Berman | July 1, 2024
Recent decisions addressing AI-enhanced evidence and AI-generated results demonstrate that courts want to know what is in the "black box" and, without understanding the "black box," courts are unwilling to accept AI-created results.
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