By Claudia Rast and Roland Trope | August 19, 2024
Claudia Rast and Roland Trope discuss FBI procedures for recovering payments made to ransomware attackers. The authors "draw from years of in-the-trenches cyber counseling and knowledge of the general mayhem and chaos that a cyber-attack can wreck on an organization, its personnel, and its customers or clients."
New York Law Journal | Commentary
By Zachary D. Tripp and Jacob R. Altik | August 19, 2024
The U.S. Supreme Court's past term was a blockbuster for administrative law: Among other things, the Supreme Court overruled Chevron and made it easier to challenge old regulations. So what now?
New York Law Journal | Commentary
By Michael V. Caruso and Lauren M. Lynam | August 19, 2024
This law has been coined the "nation's strongest environmental justice law." It also marks a significant step in ensuring that environmental burdens are more equitably distributed and that historically marginalized areas are not further compromised by industrial activities and development.
New York Law Journal | Commentary
By Alan D. Scheinkman | August 19, 2024
In more recent years, led by the appellate courts, the use of mediation during appeal has become more widespread and increasingly successful.
New York Law Journal | Commentary
By Adrienne B. Koch | August 19, 2024
Not every order that can be appealed on an interlocutory basis "necessarily affects the final judgment." In practice, it can be difficult to tell what does and what does not—and the Court of Appeals has admitted that its jurisprudence on this issue "may not all be consistent."
New York Law Journal | Commentary
By Owen R. Wolfe and Eddy Salcedo | August 19, 2024
CPLR Section 5704 ("Review of ex parte orders") provides an avenue for Appellate Division review of such a refusal to sign an order to show cause. Unfortunately, however, New York courts have yet to provide clear guidance on when such applications will or will not be granted.
New York Law Journal | Commentary
By Anjali S. Dalal and Gautam Rao | August 19, 2024
In recent years, pursuant to Supreme Court precedent, the definition of public corruption has progressively narrowed while the scope of governmental immunity has been enlarged. There are two ongoing public corruption prosecutions that will likely be taken up by the U.S. Supreme Court in the coming terms and that will likely test these recent trends.
By Committee on Judicial Ethics | August 18, 2024
A judge may serve as financial secretary of a not-for-profit cemetery organization, provided the judge refrains from the solicitation of funds or other fund-raising activities.
By Robert S. Whitbeck and Andrea M. Alonso | August 16, 2024
While often involving negligent actors, liability under the Dram Shop Act can extend to intentional, and even criminal, acts. The most critical factor in establishing Dram Shop liability in these instances is establishing a reasonable or practical causal connection between the act and the intoxication.
By Brian Lee | August 16, 2024
A central New York criminal defense lawyer was appointed to the New York State Commission on Judicial Conduct by state Assembly Minority Leader William A. Barclay, R-Pulaski, a lawmaker who doubles as an attorney from nearby Oswego County.
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