By Joseph A. D'Avanzo | August 23, 2019
A defendant faced with the prospect of a tortious interference with contract lawsuit will find it hard to achieve a quick and inexpensive dismissal. For the party considering whether to bring such a suit, they had better be ready for the long haul.
By Edward Weisz and Brianne Polito | August 23, 2019
Is it possible for a company to lawfully use the name of a celebrity as a tie-in to a product seeking to connote a celebrity's characteristic or feature without being successfully challenged or having to obtain a license?
By Kristin B. Kosinski | August 23, 2019
Recent lawsuits demonstrate efforts of fashion brands to enforce their rights against popular reseller outlets and highlight the intellectual property rights involved.
By Robert J. Tracy and Maja Szumarska | August 23, 2019
Applicants and employees are now protected from employers' imposition of dress and grooming standards that do not respect racial differences or that seek to impose grooming or dress standards that do not respect an employee's chosen gender identity or expression. Employers that have not reviewed their dress and grooming policies and practices recently would be well advised to do so now.
New York Law Journal | Analysis
By Angela Turturro | August 19, 2019
In this Special Report, experts review the 2018-2019 term of the New York Court of Appeals and the significant decisions the court handed down, and offer tips for successful appellate practice, including notes on oral argument preparation, motion practice and amicus brief writing, along with insights from former Second Department Presiding Justice Randall Eng.
By Patrick M. Connors | August 16, 2019
This piece summarizes several significant civil procedure decisions handed down by the New York Court of Appeals during its 2018-2019 term. There is something here for personal injury lawyers, commercial litigators, and even those who become involved in arbitration disputes or CPLR Article 78 proceedings. Our selections emphasize those decisions that are most relevant to everyday practice in the Empire State.
By Jeffrey S. Lichtman | August 16, 2019
As practitioners, we are often called upon to evaluate how a court might apply the law to a client’s fact patterns. In two tort cases from the past term, the Court of Appeals reminded us that legal principles often require us to analyze the totality of circumstances, rather than apply facile but ill-fitting and rigid tests.
By Paul Shechtman | August 16, 2019
In its 2018-2019 term, the New York Court of Appeals followed much the same course in criminal law as it has the past few years. Prosecutors had more victories than did defendants; memorandum opinions were commonplace; and Judges Jenny Rivera and Rowan Wilson frequently dissented, often in lengthy opinions. A few cases stand out.
By Evan H. Krinick | August 16, 2019
The New York Court of Appeals decided three important insurance cases in its 2018-2019 term. The Court also began to arrange its insurance caseload for next term by accepting a certified question from the U.S. Court of Appeals for the Second Circuit and by granting leave to appeal in another case.
By Randall T. Eng | August 16, 2019
"The experience of working with exceptional judicial colleagues and attorneys at the court have given me some insights which I hope will be useful to appellate practitioners and litigants."
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