The Legal Intelligencer | Commentary
By Joshua A. Mooney | April 9, 2024
Liability under state WESCA claims turns on whether there was there an interception of a communication (and if so, where that interception took place), and whether the party whose communication was intercepted had granted consent. This article focuses on the third element—consent.
New York Law Journal | Analysis
By Alyx Pattison and Emily Tillett | April 5, 2024
Proactive commercial litigation and arbitration to recover significant damages have become more common. We are seeing businesses put in place additional measures to ensure that when they must litigate, they do so in the most efficient and effective manner for the organization. This article explores common themes and benefits.
New York Law Journal | Analysis
By Jeannine Sano, Eric Krause and Denise Plunkett | April 5, 2024
As staid and unfashionable as it might sound, proper grammar, punctuation and word choice still matter because they provide structure and clarity. Lawyers' tools are words, in both writing and oral advocacy. Our existence as litigators depends on our ability to persuade the trier of fact, which depends on our ability to communicate effectively.
New York Law Journal | Analysis
By Chris Finley | April 5, 2024
Today, nearly one in three matters is performed under an alternative fee arrangement, with flat fees being the most common. If your clients are seeking these agreements, following best practices for incorporating legal tech into your organization can optimize your alternative fee portfolio
New York Law Journal | Analysis
By Gregg L. Weiner, Andrew S. Todres and Mohammed S. Hassan | April 5, 2024
This article explores the evolving contours of the implied covenant, as applied to discretionary contractual rights, and offers practical guidance for decision makers and counterparties to consider when dealing with contractual discretion.
New York Law Journal | Analysis
By Valerie Cohen and Sophia Porotsky | April 5, 2024
Artificial intelligence has proliferated the health care sector, sparking litigation and increased regulatory activity. This article analyzes the impact of AI in health care and regulatory agencies' efforts to keep up—all against the backdrop of a potentially weakened 'Chevron' deference framework.
New York Law Journal | Analysis
By Jeane A. Thomas, S. Starling Marshall and Justin D. Kingsolver | March 29, 2024
The DOJ and FTC issued a rare joint announcement warning of increasing consequences for parties that fail to properly preserve and produce ephemeral messages in response to antitrust investigations. These messages will be included in their standard preservation letters and specifications for all second requests, voluntary access letters and compulsory legal process.
New York Law Journal | Analysis
By Michael S. Feldberg and Laura Carwile | March 29, 2024
In 2019, two former Deutsche Bank traders were convicted of wire fraud and conspiracy charges, which the Second Circuit later reversed. This case highlights two alarming trends: the DOJ outsourcing criminal investigations to private law firms and targeted institutions placing the blame for alleged wrongdoing on low-level employees to avoid more serious criminal consequences themselves.
New York Law Journal | Analysis
By Christian Everdell and Marvin Lowenthal | March 29, 2024
In recent public comments, Deputy Attorney General Lisa Monaco identified the emerging threat posed by AI as a top enforcement priority and announced that the DOJ will begin targeting crimes "made significantly more dangerous by the misuse of AI."
New York Law Journal | Analysis
By Paul Tuchmann and Hannah Blonshteyn | March 29, 2024
Two newer kinds of markets—the market for non-fungible tokens (NFTs) and the secondary market for sports and entertainment event tickets—have offered criminals new possibilities for laundering dirty money. And so far, the law has not kept up.
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