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New York Law Journal

Courts Beginning to Set Standards for Evidence Relying Upon Artificial Intelligence

The authors write "In recent years, some have coined the mainstream rise of generative artificial intelligence (AI) a modern-day space race. The legal profession, and especially litigators, have not been unaffected. As the use of generative AI becomes more commonplace in the practice of law, courts have been hesitant to regulate its use in litigation."
4 minute read

New York Law Journal

Balancing Judicial Authority: Understanding Sanctions, Severance, and Interferences

The authors write "This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Carol B. Amon vacated the imposition of sanctions on a law firm. Judge Rachel P. Kovner denied defendant’s motion to sever his trial from that of his co-defendants. And Judge Frederic Block drew an adverse inference against a defendant for failure to comply with court orders."
8 minute read

New York Law Journal

Up in the Air: Boeing’s Deferred Prosecution Saga Continues   

The authors write "Corporate deferred prosecution agreements (DPAs) have become a key part of white-collar criminal enforcement. With a DPA, a company can resolve a criminal investigation without a guilty plea, while the government gets remediation of misconduct and a corporate admission of wrongdoing. These benefits have encouraged other countries to adopt, or consider adopting, similar arrangements, even where DPAs do not fit neatly in existing criminal procedures, such as France, England and Switzerland."
11 minute read

New York Law Journal

The Section 1983 Brady Remedy

The author writes "A §1983 action for damages may be based on suppression of evidence in violation of Brady due process rights, However, because a §1983 Brady claim necessarily implicates the validity of a conviction, the claim is not cognizable until the conviction has been overturned. Heck v. Humphrey, 512 U.S. 477 (1994). My major purpose here is to analyze how Brady law applies in §1983 actions."
13 minute read

New York Law Journal

The Corporate Transparency Act Meets the Fifth Circuit

The author writes "This short column will not attempt to rewrite federal procedural law, but it can note that the problem seems to be spreading and involves a level of gamesmanship that matches the increased polarization of our contemporary society. In the past, nationwide injunctions were debated in the context of major controversies, such as abortion."
9 minute read

New York Law Journal

New York’s Property Tax Incentives and Abatements Make Development Feasible

The authors write "Commercial investors in real estate value predictability. New York is a notoriously challenging environment for development, where the entitlement process and taxes are the most common culprits. Investors ask, what is the likelihood the project get approved and how long will it take, and what will the carrying costs be in terms of real property taxes?"
7 minute read

New York Law Journal

Preparing for 2025: Anticipated Policy Changes Affecting U.S. Businesses Under the Trump Administration

While the administration cannot implement changes until after the inauguration, its stated priorities signal potential regulatory updates that could impact employers across the United States. Understanding these anticipated changes is critical for compliance and effective workforce planning.
5 minute read

New York Law Journal

Supreme Court To Review Second Circuit Decision Striking Down 'Deemed Consent' Law Reaching PLO and PA for Making Payments to 'Martyrs' Who Injure or Kill US Nationals

The author writes "On Friday, Dec. 6, 2025, the Supreme Court agreed to hear Fuld v. Palestinian Liberation Organization, No. 24-20, reviewing a Second Circuit decision holding unconstitutional under the Fifth Amendment’s due process clause the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA or Act), Pub.L. No.116-94, Div J, Tit, IX. §903, 133 Stat. 3082, codified at 18 U.S. §2334 (e)."
8 minute read

New York Law Journal

Splits Among the Departments: What Might Be Ripe for the Court of Appeals

The authors write "This article will explore three such conflicts – the standard of proof for punitive damages, the statute of limitations for unjust enrichment claims, and the availability of expedited procedures under CPLR 3213 – and offer some tips to help preserve the possibility of such review."
8 minute read

New York Law Journal

Recent Developments Section 1782 Litigation and the Attorney-Client Privilege

The authors state that in this article, they "discuss recent Section 1782 litigation developments concerning the application of attorney-client and other privileges in this context."
8 minute read

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