By Gerald T. Hathaway | February 21, 2020
In a WARN situation, there is always a company in financial difficulty, and plaintiffs seeking damages under the Act have become increasingly aggressive in seeking an entity with greater asset liquidity than what the failed company has to offer.
By Brian D. Murphy | February 21, 2020
While the narrower goal of the EPA is reflected in the broader goals of Title VII, the proofs and defenses for each intersect and diverge by equal measure, demanding forethought and agility in litigation.
New York Law Journal | Analysis
By Angela Turturro | February 10, 2020
In this Special Report: "New York's Illegality Doctrine and Its Implications for Cannabis Contracts," "Recovering Taxes Paid in Malpractice Actions: A New Look in New York," "With a 'Snap' Litigators Have a New Tool To Thwart Forum Shopping," "What Lanham Act Liability Do Retailers Face for Stocking and Selling Mislabeled Third-Party Products?" and "Indictments, Jurisdiction and 'United States v. Balde'."
By Milton Springut | February 7, 2020
Surprisingly, there are few cases that have considered liability of retailers who sell products with (allegedly) false or misleading labels under the Lanham Act, or who engage in other promotional acts related to third-party products. Recently, however, two cases have addressed these issues in the context of both brick-and-mortar and online retail outlets.
By Breanna Fields and Cara D. Edwards | February 7, 2020
Forum defendants may want to consider using snap removal as a litigation tactic, to prevent, among other consideration, litigation tourism.
By James S. O'Brien Jr. | February 7, 2020
'Bloostein' represents a new look at recovering taxes paid in malpractice actions. It was the first court to hold that additional taxes paid due to a tax advisor's negligence may be recovered where the tax would not have arisen but for the advisor's negligence.
By Benjamin Rosenberg | February 7, 2020
In 'United States v. Balde', the Second Circuit distinguished between jurisdictional defects in indictments and non-jurisdictional defects. Its discussion leaves many questions, most importantly whether the distinction is or should be observed.
By Paul D. Sarkozi and Richard Trotter | February 7, 2020
How will courts apply New York's own illegality doctrine to commercial cannabis disputes?
By Angela Turturro | February 3, 2020
In this Special Report: "Redactions Are Not the Problem, They Are a Solution," "Are Emails Actually Business Records? It Depends," "Global Privacy Rules Intersect With Discovery Obligations," "Successfully Defend Against Discovery on Discovery Requests" and "AI-Enabled Processes: And You Thought E-Discovery Was a Headache!"
By Robert Lindholm, Lucie Cohen and Jonathan Drucker | January 31, 2020
You will be much more likely to succeed in defending against a discovery on discovery attack if you have already been transparent about the discovery process early in the litigation, and if you have received some input and cooperation from opposing counsel regarding your proposed discovery plan.
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