Special Sections

  • New York Law Journal

    Employers Beware! Your Opt-Out Arrangements Might Mean You're Not Offering 'Affordable' Health Care

    By Robert G. Brody, John F. Woyke and Lindsay M. Rinehart | February 23, 2018

    The IRS has said it is still examining issues related to opt-out payments and their impact on affordability. It plans to finalize those proposed regulations in the future. No word yet on when the future will come.

  • New York Law Journal

    Non-Disparagement Agreements: Worth It?

    By Philip Berkowitz | February 23, 2018

    Non-disparagement agreements are a tempting remedy. Clients want them. They are paying to put a matter behind them. But these agreements may be perceived as an effort to unfairly muzzle employees, so they must be written with care, and in the proper context.

  • New York Law Journal | Analysis

    Litigation

    By Angela Turturro | February 13, 2018

    In this Special Report: "Text Messages as Evidence: The Current State of Affairs in New York State Courts," "Who's Qualified to Arbitrate Your Insurance Dispute?," "Heeding the 'Wake Up' Call on Federal Rule of Civil Procedure 34," "Defeating Class Certification in TCPA Cases," "Growing Into the Gig Economy: Pending Legal Challenges for the Industry" and "Is Section 1782 Discovery Available From Corporations Not 'at Home' Under 'Daimler'?"

  • New York Law Journal

    Growing Into the Gig Economy: Pending Legal Challenges for the Industry

    By Jacob Pultman | February 9, 2018

    The gig economy is the wave of the future and, like any new and disruptive industry, there will undoubtedly be growing pains. But a smart legal strategy can lay the groundwork for a far more seamless transition into this era.

  • New York Law Journal

    Defeating Class Certification in TCPA Cases

    By Neal Marder, Brian Carney and Garrett Llewellyn | February 9, 2018

    For companies facing TCPA class actions, hope is not lost. In addition to the powerful strategies that are available for obtaining dismissal on the pleadings or negotiating early settlements, companies have an arsenal of strategies they can deploy to defeat class certification.

  • New York Law Journal

    Heeding the 'Wake Up' Call on Federal Rule of Civil Procedure 34

    By Caitlin L. Bronner | February 9, 2018

    It has been more than two years since Rule 34 was amended, and practitioners need to be mindful of this amendment.

  • New York Law Journal

    Who's Qualified to Arbitrate Your Insurance Dispute?

    By Joshua Gold and Peter A. Halprin | February 9, 2018

    A recent English decision, 'Allianz Insurance PLC v. Sirius International Insurance Corporation', illustrates how tricky qualification provisions can be and the importance of having such provisions drafted in a clear and unambiguous fashion.

  • New York Law Journal | Analysis

    Text Messages as Evidence: The Current State of Affairs in New York State Courts

    By Rena Andoh and James Salem | February 9, 2018

    Does each individual text message in a chain require a separate foundation and basis for admissibility? Examination of available case law suggests that the answer is yes.

  • New York Law Journal

    E-Discovery

    By Angela Turturro | February 4, 2018

    In this Special Report: "Unrung Bells and the Quick-Peek Order," "Three Strategic Choices in E-Discovery," "Regulator Preservation Notices—Can You Narrow the Scope?," "Beyond Document Review: Meeting Other Big Data Challenges" and "Getting It Right the First Time: Avoid the Dreaded Privilege Log 'Re-Review.'"

  • New York Law Journal

    Unrung Bells and the Quick-Peek Order  

    By Thomas G. Rohback and Brooke Oppenheimer | February 2, 2018

    Grappling with the delays and discovery motions, courts have fashioned more creative discovery processes. One such mechanism is the “quick-peek” agreement. Viewed as a mechanism for parties to exchange data quickly without the fear of waiving privilege or its subject matter, courts started to consider the mandatory use of the quick-peek to streamline discovery in 2014.

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