New York Law Journal | Analysis
By Nicholas J. Pappas and Andrew Holly | June 4, 2024
This article analyzes the NQTL Regulations and two recent decisions adopting standards for pleading a claim under the Parity Act based on an alleged violation of the NQTL Regulations, and offers several steps employers and claims administrators should consider in seeking to avoid litigation of Parity Act claims.
New York Law Journal | Expert Opinion
By Alan Feigenbaum | June 4, 2024
There is something about parental arguments over children, otherwise known as custody disputes in the matrimonial arena, that generate a spectrum of emotions not seen in the context of disputes over dollars.
New York Law Journal | Analysis
By Sasha Rosenthal-Larrea, Liza C. Clark and Lucille Dai-He | June 3, 2024
The recently introduced No AI FRAUD Act proposes to protect each individual's right to control the use of their own likeness and voice against unsanctioned use of AI-generated content. This seeks to fill a gap left by a patchwork of state and federal protections in IP and privacy laws and regulations.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | June 3, 2024
Despite the ubiquity of requests for clone discovery, few cases confront their complexity and analyze the issues involved. But in 'United States v. Anthem', the court explored the various challenges presented in clone discovery and ultimately offered a middle-ground approach that balances the burdens and benefits of sharing such data.
By Ann Olivarius and Matthew Paluch | June 3, 2024
A discussion of The New York State Fashion Workers Act (Senate Bill S.2477D/ Assembly Bill A.5631D), a proposed pro-labor bill that will regulate model management companies by giving models and other creative workers basic labor rights and protections.
New York Law Journal | Analysis
By Barry Kamins | June 3, 2024
Surveillance technology has become a staple in criminal trials; with increasing frequency, prosecutors are offering surveillance video recordings as part of their evidence-in-chief. The New York Court of Appeals has now held that, under certain circumstances, a person who is not an eyewitness to the crime can testify at trial that the defendant is the person depicted in the video.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | June 3, 2024
Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.
By Anthony Michael Sabino | May 31, 2024
In this first article of his two-part series, Anthony Sabino discusses 'National Small Business United v. Yellen,' which held the Corporate Transparency Act to be unconstitutional on multiple grounds. This installment summarizes the regulatory scheme and analyzes the district court's holdings.
New York Law Journal | Analysis
By Ilene Sherwyn Cooper | May 31, 2024
As the winter season concludes and we enter the year's half-way mark, Ilene Sherwyn Cooper notes several decisions rendered by the Surrogate's and Appellate courts affecting the field of trusts and estates.
New York Law Journal | Analysis
By Jay Hamad and Dean Aronin | May 30, 2024
President Biden's recently signed Small Passenger Vessel Liability Fairness Act states that the LOLA does not apply to "small passenger vessels." The new act does not apply retroactively to small passenger shipowners that have a pending limitation proceeding in federal court that pre-dates Dec. 23, 2022.
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