By Anne LaBarbera, Chair, Young Lawyers Section | January 14, 2022
Anne LaBarbera, Chair of the NYSBA Young Lawyers Section, writes: We all wish the pandemic didn't happen, but now that it has, we all need to look for the ways in which we can accentuate the positive.
New York Law Journal | Analysis
By Angela Turturro | January 10, 2022
In this Special Report: "Three Ways To Prevent Litigation Malpractice," "In-House Litigators: You Have More Options Than You May Think," "New York's Expanded Anti-SLAPP Statute: Factors To Consider When Selecting a Forum" and "Second Circuit's 'Melendez' Decision and the Reasonableness of Emergency-Related Laws."
By William T. McCaffery | January 7, 2022
There are many simple risk management techniques that can be taken by any litigation practitioner that can significantly help prevent common legal malpractice claims.
By Adrienne B. Koch | January 7, 2022
Although counsel may not always have a choice of forum, the amendments to New York's "anti-SLAPP" statute that took effect in November 2020 add to the factors that counsel may need to consider when they do have such a choice—and may make New York state court a more attractive forum for defendants (and a less attractive one for plaintiffs). This article explains why.
By Shannon T. O'Connor and Christian T. Higgins | January 7, 2022
The case is significant as it not only provides the analytical framework for local governments to guide drafting and passing local ordinances in response to a crisis, but also provides private entities the pleading standard to challenge those pandemic or emergency related laws.
By David Greenbaum | January 7, 2022
For those who still have not used legal finance or who have not yet come to understand what it can do for them, this article explores three key challenges it can solve, and the value-add it can offer.
New York Law Journal | Analysis
By Angela Turturro | December 13, 2021
In this Special Report: "Five Ways Securities Class Action Defendants Can Play Offense," "'You Gotta Have Faith': Practical Guidance for Handling University Student Requests for Religious Exemptions in New York," "How (to This Point) Has PREP Act Application Gone So Wrong?," "Arbitrating Contract Formation Challenges: Putting the Cart Before the Horse?" and "Transferring Risk With Contracts, Insurance Coverage and Sometimes, Litigation."
By Drew Graham and Teresa Pike Tomlinson | December 10, 2021
The PREP Act may finally get the review it is due in the circuit court system.
By Avi Israeli and Karen Sebaski | December 10, 2021
This article examines how New York courts approach the question of arbitrability generally and explores the murky depths of New York case law where that question coincides with a challenge to contract formation.
By Rachel Fritzler, Lindsey Weiss Harris, Jeffrey Goldfine and Tracy Lin | December 10, 2021
Consider these five strategies securities defendants can employ to win before trial, set up appellate opportunities, and obtain settlement leverage.
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