Columns

  • New York Law Journal | Analysis

    Can Companies Lower Their Risk of Sexual Harassment Claims?

    By Joanna Garelick Goldstein and Lisa Parlo | February 8, 2018

    Corporations today must ask themselves not only if they are doing enough to avoid liability with regards to harassment claims but also if they are doing enough to combat the culture of harassment that exists in many workplaces.

  • New York Law Journal | Analysis

    Preclusion in Derivative Litigation

    By Joseph M. McLaughlin and Shannon K. McGovern | February 7, 2018

    Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern write: A recent Delaware Supreme Court en banc decision has ended uncertainty in Delaware and potentially elsewhere introduced when two Court of Chancery decisions urged that a longstanding derivative preclusion rule violates due process.

  • New York Law Journal | Analysis

    White-Collar Criminal Enforcement in the Era of Trump

    By Robert J. Anello and Richard F. Albert | February 7, 2018

    White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: White-collar criminal enforcement will continue to evolve in the year ahead, but some predictions can be made based on year one of the Trump administration. Federal law enforcement officials have enunciated a clear focus on non-white-collar crimes and, with numerous vacancies in the Justice Department, this shifting focus is likely to result in a decrease in white-collar investigations and prosecutions.

  • New York Law Journal | Analysis

    Interim and Emergency Measures in International Commercial Arbitration: Time to Say Goodbye to Irreparable Harm and Likelihood of Success on the Merits?

    By Robert B. Davidson and Cliff Bloomfield | February 7, 2018

    It is submitted that an applicant for interim or emergency relief should only be required to establish that immediate loss or damage will result if relief is not granted, that it has an arguable case on the merits and that the equities are balanced in its favor. “Irreparable harm” and “likelihood of success” should not be an arbitrator's guiding star.

  • New York Law Journal | Analysis

    Access vs. Use: The CFAA in the Age of the DTSA

    By Jeffrey S. Klein and Nicholas J. Pappas | February 6, 2018

    Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas write: Once the only reliable statutory argument for federal-question jurisdiction in a trade secret dispute, the CFAA now acts as a complement to the DTSA by protecting sensitive information from a different perspective. This being said, several circuits are split on the scope of the protections afforded to employers under the CFAA, limiting the statute's effectiveness in certain jurisdictions.

  • New York Law Journal | Analysis

    Consideration of Post-Trial Events on Custody Appeals

    By Glenn S. Koopersmith | February 6, 2018

    Since there is no definitive “solution,” it is especially important to consider how systematic delay, the growth and natural development of the children and/or a post-trial change in circumstances can be used by the non-custodial parent to obtain reconsideration of a custody determination.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | February 6, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Fleetwood Commons Inc. v. Fredericks,” where the court held under the business judgment rule that a co-op board's determination to terminate the proprietary lease was within the scope of its authority, and “90 Elizabeth Apt. v. Eng,” a landlord-tenant case where the court found for the tenant, holding that unlike under rent stabilization, an occupant entitled to succession to a rent-controlled tenancy has no affirmative obligation to do anything to assert his or her claim.

  • New York Law Journal

    Putative Class Actions For Rent Overcharges

    By Warren A. Estis and Michael E. Feinstein | February 6, 2018

    In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein discuss 'Maddicks v. Big City Prop.,' a recent decision where the court found no basis for class certification.

  • New York Law Journal | Analysis

    Reasonableness, Proportionality Are Guiding Principles for TAR, Judge Finds

    By Christopher Boehning and Daniel J. Toal | February 5, 2018

    In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss 'Winfield v. City of New York', a decision which adds to the growing body of law that as long as a producing party's use of technology-assisted review tools, including predictive coding, is reasonable and proportional in the context of a matter, the mechanics of such efforts should not be open to scrutiny by an opposing party.

  • New York Law Journal | Analysis

    Critical DFS Cybersecurity Deadline Approaching: Corporate Officers and Directors on Notice

    By Michael Considine and Andrew Jacobson | February 5, 2018

    Given DFS's historical emphasis on individual accountability at its regulated entities, preparing for this compliance certification is critical.

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