New York Law Journal | Expert Opinion
By Brian J. Shoot | August 2, 2018
In a given year, there may be as many as 170 to 200 reported appellate decisions that involve application of Labor Law Sections 240, 241(6) and/or 200 to accidents alleged to have occurred during the course of a “construction” activity.
New York Law Journal | Expert Opinion
By Jeffrey S. Klein and Nicholas J. Pappas | July 31, 2018
The Supreme Court recently held in Epic Systems v. Lewis, 584 U.S. __ (2018), that arbitration agreements which include waivers of employees' rights to bring class or collective actions are enforceable under the Federal Arbitration Act (FAA), and that the National Labor Relations Act (NLRA) does not override this principle in the FAA.
New York Law Journal | Expert Opinion
By Peter M. Fass | July 31, 2018
Real Estate Securities columnist Peter M. Fass continues his discussion of changes affecting real estate including the he limitation on the deductibility of interest and its application to real estate.
New York Law Journal | Expert Opinion
By Angela Turturro | July 30, 2018
In this Special Report: "Surrogacy in New York: Boon or Bane?," "Divorce Without Destruction," "Beyond Broken Bones: Recognizing Psychological Harm to Children When Applying 'Grave Risk of Harm' Standard," "Prenup Tutorial: A Survey of Recent Case Law" and "When Matrimonial Attorneys Become Divorce Mediators."
New York Law Journal | Expert Opinion
By Arthur J. Ciampi | July 30, 2018
The at-will employee protection most law firms have as employers which permits them to terminate an at-will employee for any or no reason but for a discriminatory reason faced scrutiny last month in the law firm context regarding an allegation that an associate attorney was terminated from their firm for raising ethical concerns.
New York Law Journal | Expert Opinion
By Robert J. Bernstein and Robert W. Clarida | July 26, 2018
Now that a divided panel of the U.S. Court of Appeals for the Ninth Circuit has issued an amended opinion affirming the denial of a new trial motion and an order denying rehearing en banc in Williams v. Gaye.
New York Law Journal | Expert Opinion
By Sharon M. Porcellio | July 26, 2018
U.S. Senior District Judge Michael A. Telesca then had more than 10 briefs and supplemental letter briefs and multiple statements and counter-statements of fact and other submissions from the two parties to decide the pending summary judgment motions.
New York Law Journal | Expert Opinion
By Martin Flumenbaum and Brad S. Karp | July 24, 2018
While neutrality is considered the touchstone of dispute resolution, it is not difficult for advocates to think there might be benefits to having judges with deep connections to the parties or their respective industries.
New York Law Journal | Expert Opinion
By Francis J. Serbaroli | July 24, 2018
One of the more interesting developments in the ever-shifting dynamics of the health care marketplace is the increasing interest on the part of private investors in developing financial relationships with or even purchasing equity interests in physician practices.
New York Law Journal | Expert Opinion
By Jeremy H. Temkin | July 18, 2018
It has long been settled law that a taxpayer challenging a tax deficiency assessed by the Internal Revenue Service in federal district court is required to “pay first and litigate later.”
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