By Kevin G. Faley and Andrea M. Alonso | November 21, 2024
The author states "An employee’s right to compensation under New York’s Workers’ Compensation law is the sole remedy available against their employer for work-related injuries. An employee may have more than one employer for purposes of workers' compensation – a general employer and a special employer. The general employer is the employee’s primary employer and is responsible for hiring and providing wages and benefits."
By Howard B. Epstein and Theodore A. Keyes | November 20, 2024
The authors write "In New York, insurers are generally entitled to rescind an insurance policy issued in reliance on a policyholder's material misrepresentations. This provides insurers with an important tool to avoid paying out claims where the policy was issued based on false information in the application."
By John C. Coffee, Jr. | November 19, 2024
This article discusses the faceoff between the Elliott Management and Southwest Airlines. "Elliott Management Corp.’s recent campaign to oust the CEO of Southwest Airlines furnishes us with a rough measuring rod by which to judge just what activists can (and cannot) achieve."
By William T. Russell, Jr. and Linton Mann III | November 19, 2024
This article discusses the right to waive counsel for criminal defendants. "The Court of Appeals recently clarified that when criminal defendants wish to waive their right to counsel and represent themselves, the trial court does not need to specifically apprise the defendants of the maximum amount of time to which they could potentially be sentenced.:
By Jeremy H. Temkin | November 18, 2024
This article discusses the inconsistent definition of loss as defined by the Sentencing Commission.
By Stephen M. Kramarsky | November 18, 2024
This article discusses the restrictions of an NDA. "Although an NDA can and should be one piece of the protection architecture around a company’s trade secrets, it is not enough: placing information under an NDA does not automatically create trade secret protection."
By Ronald K. Gardner | November 18, 2024
"As a lawyer exclusively representing franchisees, the types of claims that I see are numerous and varied. Anything from a franchisor’s failure to approve a transfer, to a threatened termination, to failure to support the franchise in a way the franchisee is expecting (which happens a lot)—the calls I receive keep my job interesting."
By John L.A. Lyddane | November 18, 2024
Here we examine some of the concerns for the defense of medical malpractice cases when an issue arises as to the use of a prior inconsistent statement at trial.
By Daniel Pollack and Gianna Elliot | November 15, 2024
This article discusses expert testimony regarding sexual grooming, mostly in relation to minor children.
By Robert W. Clarida and Thomas Kjellberg | November 14, 2024
This article discusses two hit songs, one written by Ed Sheeran, and the other by Led Zeppelin, and their court battle to determine if a line/bass in Sheeran's song had copied one in Ld Zeppelin's.
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