By William F. Mastro, Acting Presiding Justice, Appellate Division, Second Department | April 30, 2021
William F. Mastro, Acting Presiding Justice of the Appellate Division, Second Department, writes: History teaches that such challenging times and vexing issues can sometimes produce widespread social unrest and the general perception that some individuals or groups are above the law. Thus, it is critical that when disputes, no matter how far-reaching and ominous, arise, we look to our institutions of government, and particularly to the courts and the legal profession, to resolve those controversies with fairness and equanimity.
By Elizabeth A. Garry, Presiding Justice, Appellate Division, Third Department | April 30, 2021
Elizabeth A. Garry, Presiding Justice of the Appellate Division, Third Department, writes that like so many of our cherished principles and values, within a democracy the Rule of Law calls for—and requires—our ongoing attention and action to serve the underlying cause and purpose of justice.
By Gerald J. Whalen, Presiding Justice, Appellate Division, Fourth Department | April 30, 2021
Gerald J. Whalen, Presiding Justice of the Appellate Division, Fourth Department, writes that while technological advances will continue to assist judges in the performance of their duties in a digital world, sentencing and the judicial system generally will always remain analog at its heart.
By Scott M. Karson, President, New York State Bar Association | April 30, 2021
Scott M. Karson, President, New York State Bar Association writes that the Association offers an antidote to the misinformation that has been plaguing our society: robust public civics education that instills the knowledge and values of our democratic republic to guard against the disrespect and wanton violence such as we witnessed at the Capitol on Jan. 6.
New York Law Journal | Analysis
By Aleeza Furman | April 12, 2021
Several of the top 25 largest firms have delayed partner promotions in the last year. But the overall slowdown includes a wide variation within individual firms.
New York Law Journal | Analysis
By Angela Turturro | April 5, 2021
In this Special Report: "Whether as a Sword or Shield, a Proactive Press Strategy Is Essential for Every Litigation Plan," "'Spoofing' Prosecutions: The DOJ's Approach," "Don't Be 'Special': Avoiding Legal Malpractice Claims Under New York's 'Special Circumstances' Rule," "Gas and Electric Power Lending, Swaps and Hedges: How To Handle the Force Majeure Fallout From the ERCOT Market Disaster" and "New York Court of Appeals Hands Decisive Win To Business Owners, Holding That They Are Exempt From Vicarious Liability Under the NYC Human Rights Law."
By Jessica Masella and Jonathan Haray | April 2, 2021
In recent years, DOJ has aggressively pursued spoofing cases under the wire fraud statute and 2020 saw significant developments in this area, including conviction after trial of two commodities traders in September 2020.
By Nicholas Cutaia and Joel Antwi | April 2, 2021
Attorneys can minimize potential malpractice liability to non-clients by setting clear boundaries and respecting them on a day-to-day basis.
By Leslie C. Thorne and A. Avery Burrell | April 2, 2021
Every impacted market participant is examining its force majeure rights under a plethora of contractual arrangements to determine whether performance may be excused. Banks need to be ready to take advantage of or defend against the invocation of these provisions, depending on the circumstances.
By Justin T. Kelton | April 2, 2021
The court's decision created a sweeping new per se rule holding that individual owners do not qualify as "employers"—and, therefore, are exempt from the NYCHRL's vicarious liability provisions—despite the expansive scope of the statute.
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