Columns

  • New York Law Journal | Analysis

    Emotional Distress and Right of Sepulcher

    By Thomas A. Moore and Matthew Gaier | December 4, 2017

    Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: While recovery for negligent infliction of emotional distress is limited in New York, one area in which such claims have long been permitted involves the interference with the right to the body of a deceased loved one. This right, which exists at common law, is known as the right of sepulcher. A surprising number of actions have been brought against hospitals based upon violations of that right

  • New York Law Journal | Analysis

    Government Makes Manafort's Lawyer a Key Witness Against Him—Ho-hum?

    By Robert J. Anello and Richard F. Albert | December 4, 2017

    White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Mostly lost among the headlines regarding the first charges to be brought by Robert Mueller and the Special Counsel's Office investigating Russian interference in the 2016 U.S. election was the simultaneous release of a court opinion compelling one of Manafort's own lawyers to testify in the grand jury. A review of the decision and the indictment indicates that the lawyer is likely to be a key witness against Manafort and Gates at trial.

  • New York Law Journal | Analysis

    A Three-Point Legislative Agenda for Court Reform in New York

    By Richard J.L. Lomuscio | December 4, 2017

    Richard J.L. Lomuscio writes: The rejection of a constitutional convention is not the death-knell for possible reform. In fact, the restructuring of New York's court system has steadily gained support from the bar.

  • New York Law Journal | Analysis

    Ninth Circuit Allows Fox to Use 'Empire' Despite Prior Use by Record Company

    By Michael I. Rudell and Neil J. Rosini | December 1, 2017

    Entertainment Law columnists Michael I. Rudell and Neil J. Rosini discuss a recent decision which addressed the question: What distinguishes a First Amendment-protected use of that pre-existing mark from an actionable infringement?

  • New York Law Journal | Analysis

    Why Is Law Firm Innovation Failing?

    By Marcie Borgal Shunk | December 1, 2017

    Law Firm Marketing columnist Marcie Borgal Shunk asks and analyzes the question: Why are innovation efforts by larger law firms failing to make a meaningful impact?

  • New York Law Journal | Analysis

    Crisis Management: Is Your Company Prepared?

    By Samuel Estreicher and James Philbin | December 1, 2017

    Samuel Estreicher and James Philbin write: Recent disclosures that key employees have engaged in sexually abusive practices towards coworkers and job aspirants raises to the fore serious practical questions for corporate executives and in-house counsel. What should the company do to prepare for and manage crises?

  • New York Law Journal | Analysis

    Sample Choice of Law Clause Now Contained in NY Commercial Division Rules

    By Jonathan D. Lupkin | December 1, 2017

    On Oct. 26, 2017, the New York Office of Court Administration approved an amendment to the Commercial Division Rules to include a sample choice of law clause for parties to include in a contract, which clause was added as a new Appendix to the Rules. Jonathan D. Lupkin discusses the background and purpose of the amendment, which becomes effective on Jan. 1, 2018.

  • New York Law Journal | Analysis

    Applications and Interviews: What Not to Ask

    By David E. Schwartz and Risa M. Salins | November 30, 2017

    Labor Relations columnists David E. Schwartz and Risa M. Salins examine New York City's restrictions on questioning applicants about their salary history, criminal backgrounds and credit information.

  • New York Law Journal | Analysis

    Shareholder Proposals in an Era of Reform

    By David A. Katz and Laura A. McIntosh | November 29, 2017

    Corporate Governance columnists David A. Katz and Laura A. McIntosh write: Staff Legal Bulletin 14I should be a valuable tool for companies to minimize unnecessary costs of the shareholder proposal process while still ensuring that a worthwhile proposals will be presented for shareholder consideration. While further reform of the 14a-8 regime is necessary, SLB 14I is an important development in the right direction.

  • New York Law Journal | Analysis

    How Government Can Help Coasts Adapt to Climate Change

    By Charlotte A. Biblow | November 29, 2017

    State Environmental Regulation columnist Charlotte A. Biblow writes: Given what is at stake, it would appear that the states' governors and legislators at least should begin discussing whether to pass legislation to create the commission recommended by the RPA.

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