By Avi Gesser, Matthew A. Kelly and Samantha J. Pfotenhauer | March 1, 2019
In this article, the authors explore three important aspects of in-house counsel's duties related to cybersecurity incident preparation and response: (1) providing advice regarding the company's legal and regulatory obligations, especially with respect to breach notification; (2) engaging and coordinating external resources, including outside counsel and consultants; and (3) coordinating and managing internal and external communications.
By Angela Turturro | February 25, 2019
In this week's Special Report: "Digging Deep Into the New York City Fair Chance Act: Best Practices for Complying With Correction Law Article 23-A," "Cooperative Dialogue: Game Changer or Minor Tweak?," "Hostile Work Environment—With a Capital 'H'" and "Key Methods to Help Prevent Workplace Sexual Harassment Claims."
By Peter Goodman | February 22, 2019
The Fair Chance Act effectively requires compliance with protocol of two statutory schemes. In order to avoid running afoul of the Fair Chance Act, employers need to be familiar with the operation of Article 23-A.
By Amy R. Foote | February 22, 2019
According to results from a Siena College Poll on sexual harassment released in January, “nearly half the women in New York state said they've been victims of sexual harassment” and “about 70 percent of respondents agree that sexual harassment in the workplace is a significant problem.” These eye-opening findings illustrate that the workplace sexual harassment crisis is not waning.
By Jules Halpern and Paul Scrom | February 22, 2019
While most employers have protocols for handling accommodation requests and were aware of the obligations under the ADA's interactive process, the cooperative dialogue law imposes greater burdens on covered NYC employers.
By Jeffrey D. Pollack | February 22, 2019
Necessary elements of a Hostile Work Environment claim include that the complained-of conduct is directed at the person because of the person's protected trait and that such conduct is severe or pervasive (under federal and state law) or results in the person being “treated less well” because of the protected trait (under city law).
By Angela Turturro | February 11, 2019
In this Special Report: "Taking the 'Bull' Out of Jury Selection," "Is Financed Litigation the Next Frontier for Corporate Legal Departments?," "What Does (and Does Not) Constitute Insurance Broker Liability in New York," "Revisiting the American Rule: Fee-Shifting Strategies for NY Litigators" and "'Deference to Arbitrators Is Not Without Its Limits,' But Those Limits Are Tightly Circumscribed."
By Robert N. Zausmer | February 8, 2019
There is no such thing as the “science” of jury selection. Any who tells you that is full of “Bull.”
By Robert S. Friedman | February 8, 2019
This article examines fee-shifting options in the context of the American Rule in which parties presumptively pay their own fees regardless of the outcome, including the offer of judgment rules under FRCP 68 and CPLR 3220. Many of these opportunities are misunderstood and underutilized.
By Lucila I. M. Hemmingsen and Nathaniel E. Haas | February 8, 2019
The Appellate Division's decision in 'Daesang' is an important development for parties involved in arbitration. This decision removed the uncertainty around the attempted expansion of vacatur grounds by the lower court, thus asserting New York courts' long-standing position in favor of arbitration.
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