New York Law Journal | Analysis
By Martin A. Schwartz | March 5, 2018
In his Section 1983 Litigation column, Martin A. Schwartz discusses the recent decision in 'District of Columbia v. Wesby', in which the U.S. Supreme Court articulates several important Fourth Amendment and qualified immunity principles.
New York Law Journal | Analysis
By Mark A. Berman | March 5, 2018
In his State E-Discovery column, Mark A. Berman writes: The New York State Court of Appeals in a unanimous decision now consistent with federal practice, eliminated the requirement of a requesting party to meet a heightened “factual predicate” for the production of social media designated as “private” under a user's privacy settings to be ordered in favor of the general rules concerning discovery.
New York Law Journal | Analysis
By Kara M. Bellew | March 5, 2018
For any of the countless women whose husband's bad behavior have impacted their livelihoods and brought embarrassment to their families, the question invariably becomes what role, if any, does this misconduct play in a divorce.
New York Law Journal | Analysis
By Anthony E. Davis | March 2, 2018
Professional Responsibility columnist Anthony E. Davis addresses interesting developments on the topics he addressed in two prior articles—one on withdrawing from problem clients, and another on traveling internationally while carrying electronic devices containing client confidential information.
New York Law Journal | Analysis
By Shmuel Vasser and Yehuda Goor | March 2, 2018
In 'Tempnology', the First Circuit positioned itself within the circuit split regarding the relationship between trademark licenses and rejection of executory contracts.
New York Law Journal | Analysis
By Evan H. Krinick | March 1, 2018
Insurance Fraud columnist Evan H. Krinick writes: In 'Fernandez v. Philadelphia Indemnity Ins. Co.', the court made it clear that a policyholder's duty to cooperate was paramount, and that the policyholder's failure to cooperate was enough to permit the insurer to deny the policyholder's claim—whether or not the claim actually was fraudulent.
New York Law Journal | Analysis
By Zach Olsen and Jesse Dungan | March 1, 2018
Law Firm Management columnists Zach Olsen and Jesse Dungan write: In the current climate, firms that don't take seriously the very real reputational and business interruption threats that face them are taking on significant risks that could be mitigated—if not avoided altogether—by thoughtful preparation.
New York Law Journal | Analysis
By Thomas J. McNamara | March 1, 2018
While the debate about the nature and future of Bitcoin rages in the marketplace, sparked by recent volatility in its price, courts also cannot agree on the nature of Bitcoin and whether, legally speaking, it constitutes “money.”
New York Law Journal | Analysis
By William F. Johnson | February 28, 2018
In his Corporate Crime column, William F. Johnson writes: The SEC has left no doubt that it is focused on ICOs used to raise capital, and particularly on the lawyers who provide advice on securities law issues attendant to these offerings.
New York Law Journal | Analysis
By Timothy M. Tippins | February 28, 2018
Matrimonial Practice columnist Timothy M. Tippins writes: The recent decision of the Appellate Division, Third Department, in 'Montoya v. Davis', presents an interesting example of the interaction of custody factors. It also presents some anomalies that raise questions regarding the consistency of appellate review of custody decisions.
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