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Latest Stories

December 16, 2024 | New York Law Journal

New York Court of Appeals Tightens Pleading Standards Against Insurance Policyholder

In a recent split decision by the New York Court of Appeals in an insurance litigation case, the majority declined to extend a statute of limitation because, in its view, the insured’s complaint did not contain enough specific information about why the repairs were not completed within two years.
7 minute read
December 16, 2024 | New York Law Journal

Corporate Confidentiality Unlocked: Leveraging Common Interest Privilege for Effective Collaboration

In the complex realm of corporate litigation, the sanctity of attorney-client privilege is often the backbone of a robust defense strategy. Yet, the scope of this privilege can blur when multiple corporations collaborate with separate legal teams. In such situations, the common interest privilege (CIP) becomes a crucial tool, enabling corporations with distinct legal counsel to share information and strategize jointly without forfeiting confidentiality.
11 minute read
December 16, 2024 | New York Law Journal

Diverging Standards to Invoke the EFAA in the Southern District

The authors write "Enacted in 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “EFAA”), amended the Federal Arbitration Act (the “FAA”) so that in cases 'alleging conduct constituting a sexual harassment dispute or sexual assault dispute,' a claimant is not bound by an otherwise valid arbitration agreement. 9 U.S.C. §402(a). The EFAA is expansive in scope; it captures virtually every such case that could be filed in a court in the United States."
9 minute read
December 16, 2024 | New York Law Journal

Required for the Purposes of the Undertaking, Again

The author writes "We return to a subject that I have addressed several times in these pages, most recently in August 2019. The Departmental split has, if anything, widened in the last five years. I refer to interpretation and application of the 'required for the purposes of the undertaking' standard that is applied in 'falling objects' cases."
19 minute read
December 16, 2024 | New York Law Journal

Former High-Ranking Manhattan Prosecutor Is Representing Luigi Mangione

Karen Friedman Agnifilo served as chief assistant district attorney in the Manhattan District Attorney’s Office between 2014 and 2021. Before that she was chief of the office’s trial division.
2 minute read
December 16, 2024 | New York Law Journal

Memorable Concurrences of the 20th Century

While Supreme Court concurrences have not received the scholarly focus comparable to that given to dissenting opinions, they merit equal attention.
11 minute read
December 16, 2024 | The American Lawyer

Partner Pay Enters a 'Whole Different World'

Rapid changes to partner pay in Big Law will continue. Among nearly 200 firms, more than one-third plan to make changes to their equity partner compensation models over the next two years.
6 minute read
December 16, 2024 | New York Law Journal

Judicial Ethics Opinion 24-79

Where a judge concludes that there is a substantial likelihood that an attorney has deliberately deceived an infant client’s guardian into signing an onerous financing agreement with the attorney’s sibling, the judge must report the attorney to the appropriate grievance committee.
6 minute read
December 14, 2024 | New York Law Journal

Luigi Mangione's Attorney Gives a Master Class in How Not to Handle a High-Profile Case in the Media

You won't know the whole story in the early days of a crisis—that means your initial statement needs to concentrate only on what you do know rather than what you think, a crisis communications manager advises to defense counsel for Luigi Mangione.
3 minute read
December 14, 2024 | New York Law Journal

Trump, ABC News Settlement in Defamation Lawsuit Includes $1M in Attorney Fees For President-Elect

The settlement comes after a judge ordered President-elect Donald Trump and George Stephanopoulos to sit for 4-hour depositions before Christmas.
5 minute read

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