New York Law Journal | Analysis
By Elai Katz | December 18, 2017
Antitrust columnist Elai Katz writes: Surprising some observers, the new leadership at the Antitrust Division of the Department of Justice has brought a couple of noteworthy merger cases over the last few months.
New York Law Journal | Analysis
By Shari Claire Lewis | December 18, 2017
In her Internet Issues/Social Media column, Shari Claire Lewis writes: The European Commission has published its first annual report on the EU-U.S. Privacy Shield, and the Commission has determined that the Privacy Shield is working. Clients with an online presence should not assume, however, that international privacy issues no longer demand their attention.
New York Law Journal | Analysis
By Jordan M. Engelhardt and Muhammad U. Faridi | December 18, 2017
Jordan M. Engelhardt and Muhammad U. Faridi write: The CPLR does not define the phrase “documentary evidence.” Commentators on the CPLR have attempted to fill the void by offering their own take on the issue. And the First and Second Departments have split on whether certain types of paper qualify as “documentary evidence.”
New York Law Journal | Analysis
By Michael Schmidt and Jennifer Queliz | December 15, 2017
Michael Schmidt and Jennifer Queliz write: In 2017 New York continued its trend of enacting laws and regulations at both the state and local levels that cause epic headaches for employers. These new developments make clear that New York is unlikely to give up its title as one of the most pro-employee states in the nation. Here is a look back at some of the most significant developments.
New York Law Journal | Analysis
By Thomas J. Hall | December 14, 2017
Commercial Division Update columnist Thomas J. Hall writes: Defendants bear a heavy burden of establishing that New York is not a convenient forum, and courts have discretion in considering a number of factors in determining the issue. While no one factor is controlling, the residency of the parties has emerged in recent Commercial Division decisions as an important factor.
New York Law Journal | Analysis
By Joseph E. Bachelder III | December 14, 2017
In his Executive Compensation column, Joseph E. Bachelder III writes: Prospective employers subject to N.Y.C. Admin. Code §8-107, Subdiv. 25 should take a number of steps to comply with the new rule making it unlawful to inquire about the salary history of an applicant for employment or to rely on the salary history of an applicant in determining the salary, benefits or other compensation.
New York Law Journal | Analysis
By Alexander H. Southwell and Jason P.W. Halperin | December 14, 2017
Alexander H. Southwell and Jason P.W. Halperin explore this ongoing problem of “how-to” terrorism guidance on the Internet, and propose a solution: legislation aimed at barring the publication of online materials that offer instructions on how to commit mass violence.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | December 13, 2017
Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern write: Last month, the U.S. Court of Appeals for the Second Circuit held as a matter of first impression in this circuit that direct evidence of price impact is not always necessary to demonstrate market efficiency (as required to invoke the 'Basic' presumption), and a defendant's rebuttal burden is one of persuasion (not production), and defendant must show the absence of price impact by a preponderance of the evidence.
By Adam Leitman Bailey and Dov Treiman | December 12, 2017
Adam Leitman Bailey and Dov Treiman discuss a split among the First and Second Department Appellate Divisions on their interpretations of a common clause in proprietary leases for cooperative apartments relating to whether a proprietary lessee must live in the apartment simultaneously with a close family member for the family member's occupancy to be legal under the proprietary lease.
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | December 12, 2017
Mediation columnists Abby Tolchinsky and Ellie Wertheim write: While resolution of harassment claims with monetary settlements and non-disclosure agreements provide some recourse, several questions are left open. Namely: How can a victim's voice and story be heard? How should a perpetrator be held accountable? What is the effect of non-disclosure agreements on the deterrence of future (mis)conduct by the perpetrator?
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