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New York Law Journal

What Is a Special Master? The Use of Special Masters in New York Courts

In complex litigation, the use of Special Masters, or referees as they are sometimes called in New York state court, is pervasive and can be strategically utilized to the benefit of the parties and the court alike.
8 minute read

New York Law Journal

Bankers Beware: The Judicial Divide Over Customary Investment Banking Fees

Over the past few decades, a deep split has developed between New York's state and federal courts over the enforceability of fee provisions incorporating general commercial practice. The First Department has upheld them, but federal judges in the Southern District have invalidated them as unenforceable "agreements to agree."
8 minute read

New York Law Journal

Welcome Clarity: The Priority of Coverage in Construction-Accident Cases

We were overdue for a decision clarifying the roles of the employers-liability and excess carriers in a case involving a "grave injury." In 'Bosquez v. RXR Realty', the First Department helpfully offered one.
6 minute read

New York Law Journal

The Business Case for Opting Out of High Value Class Actions

The fact that remaining in the class is still the default is not surprising. However, this is arguably changing and will continue to do so as GCs and CFOs face growing economic pressure to maximize the value they extract from their companies' litigation assets.
6 minute read

New York Law Journal

Modern Real Estate Financing Subject to Ancient 'Clogging' Challenges

Although the pandemic may have ended, "clogging" challenges remain and real estate practitioners should be aware of the origins and potential impacts of same, as discussed in this article.
6 minute read

New York Law Journal

Labor & Employment

In this Special Report: "The New Future of Workplace Privacy in New York and Beyond," "Sports and Employment Law in 2022 and Beyond," "Employers Prepare for Disruption as the Effective Date of the NYC Pay Disclosure Law Nears," "Negotiating Executive Pay Agreements for the C-Suite in These Volatile Times" and "Going Clear: Ensuring Compliance With Pay Transparency Laws Sweeping the Empire State."
2 minute read

New York Law Journal

Sports and Employment Law in 2022 and Beyond

This article explores the impact of sports related employment jurisprudence developments and identify the latest issue facing employers in the workplace—mobile betting and its potential implications under the Americans With Disabilities Act.
8 minute read

New York Law Journal

Employers Prepare for Disruption as the Effective Date of the NYC Pay Disclosure Law Nears

While temporary help firms are exempt from this requirement, the NYC Law applies to employers with four or more employees, including owners and individual employers; employment agencies regardless of their size; and employers with one or more domestic or household employees, such as nannies and house cleaners.
5 minute read

New York Law Journal

The New Future of Workplace Privacy in New York and Beyond

This article explores the current landscape of workplace privacy laws here in New York and also in light of the U.S. Supreme Court's recent decision in 'Dobbs v. Jackson Women's Health Organization', as well as what the future may hold on this front.
9 minute read

New York Law Journal

Negotiating Executive Pay Agreements for the C-Suite in These Volatile Times

Lawyers looking to steer their clients in the right direction at the negotiating table should consider this list of issues, regardless of whether they represent executives, C-Suite members or other professionals.
5 minute read

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