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New York Law Journal

Five Years After Vega Much Remains Unsettled in Pay Frequency Litigation

The author states "Can New York employees – who were paid all wages due on a biweekly pay schedule – state a claim against their employer for violating the pay frequency provisions of §191 of the New York Labor Law? Well, it depends on who you ask – or, more accurately, where the plaintiff can file suit."
7 minute read

New York Law Journal

Distressed M&A: Safe Harbor Protection Extends to Overarching Transfer

The author writes "A Second Circuit panel issued a summary order affirming that an equity tender offer by a parent holding company funded by the proceeds of loans extended to its wholly owned subsidiary that later went bankrupt was shielded from attack by the safe harbor protections of section 546(e) of the Bankruptcy Code."
11 minute read

New York Law Journal

Prior Written Notice: Calabrese v. City of Albany

The authors write "One of the most vexing hurdles plaintiffs must surmount in cases against municipalities for dangerous conditions on sidewalks and roadways is the prior written notice requirement. Prior written notice statutes provide, as a general matter, that unless a municipality receives written notice of the existence of a hazardous condition, it cannot be held liable for failing to fix it."
11 minute read

New York Law Journal

Blockchain’s Fourth and Fifth Amendment Privacy Paradoxes

The author writes "Blockchain is frequently conceived of as a tool for confidentiality and privacy, but two federal court of appeals decisions from the latter part of last year highlight how limited that hope often proves to be, even in the face of federal constitutional protections."
15 minute read

New York Law Journal

Gifts of Interest in Charitable LLCs

The author states "Taxpayers are always responsible for the accuracy of information reported on their tax returns. The IRS emphasizes participating in an abusive scheme to reduce tax liability can result in assessment of the correct tax owed, penalties, interest, fine and oh yes, imprisonment."
7 minute read

New York Law Journal

Suboxone MDL Mostly Survives Initial Preemption Challenge

The authors write "Suboxone is the brand name of combination of Buprenorphine and Naloxone, manufactured by Indivior, Inc., and used in the treatment of opioid dependence. In January of 2022, the FDA issued a drug safety communication about long term Suboxone sublingual film use and the increased risk of serious dental problems. FDA ordered that a new warning about the risk of dental problems be added to the Suboxone prescribing information and patient medication guide. In June of 2022, a warning about the increased risk of dental problems was finally added to the prescribing information."
5 minute read

New York Law Journal

Lawyers: Meet Your New Partner

The authors write "The transformative potential of agentic AI lies in its ability to handle complex workflows, akin to a human employee, enabling automation of tasks traditionally performed by junior lawyers. This could reshape legal practice by enhancing efficiency, reducing costs, and requiring lawyers to adapt their skills to collaborate with such systems."
13 minute read

New York Law Journal

What Businesses Need to Know About Anticipated FTC Leadership Changes

The author discusses what to expect from the next presidential administration for consumer protection. He can also provide recommendations for companies to stay informed and compliant as regulatory standards evolve, as well as trends that advertisers and marketers need to know about as they plan their 2025 initiatives.
7 minute read

New York Law Journal

Joint Custody Awards in New York – The Current Rule

The author writes "There is no consensus in New York as to a precise definition of joint custody, and its meaning may lie in the eyes of the beholder. Theoretically, it involves two elements: (1) physical possession of the child, and (2) shared decision-making. Joint custody may take many forms."
15 minute read

New York Law Journal

New York Environmental Legislation in 2024

The author states "In 2024, New York State enacted several laws aimed either at dealing with the adverse impacts of climate change such as extreme heat and increasingly severe and frequent storms or at helping to mitigate greenhouse gas emissions to avoid or minimize the adverse impacts."
11 minute read

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