New York Law Journal | Analysis
By Robert D. Lang and Andrew D. Harms | November 29, 2017
In the experience of authors Robert D. Lang and Andrew D. Harms, the plaintiff's attendance at a mediation can mean the difference between a swift resolution, and none. They explain why, both from the plaintiff's and defendant's perspectives.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | November 28, 2017
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent circuit ruling which emphasizes its preference for remanding and certifying state law claims to state courts.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Andrea M. Alonso | November 28, 2017
Kenneth E. Pitcoff and Andrea M. Alonso write: Municipal cases that attract the attention of the public and the press are fraught with potential problems which, if not dealt with properly, can seriously increase the value of these cases.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | November 27, 2017
In this Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner discuss some of the case law governing the use of circumstantial evidence.
New York Law Journal | Analysis
By Ken Strutin | November 27, 2017
In his Technology Today: Criminal Law column, Ken Strutin writes: Computational technology exists that can reveal to the criminal justice system the disabling conditions of a population under chronic psychological assault.
New York Law Journal | Analysis
By Lee Spielmann | November 27, 2017
Lee Spielmann writes: 'United States v. Ohlendorf' helped secure important legal principles and found prescient echoes in later Holocaust-related proceedings.
New York Law Journal | Analysis
By Francis J. Serbaroli | November 27, 2017
In his Health Law column, Francis J. Serbaroli discusses a recent Massachusetts case involving a claim of handicap discrimination by a woman whose employment was terminated for using medical marijuana. Unlike some state court decisions that have relied on the federal law criminalizing the possession or use of marijuana of any kind to dismiss employment discrimination cases, the Massachusetts decision held that an employer must at least make an effort to accommodate an employee's use of medical marijuana that is legal under state law.
New York Law Journal | Analysis
By Leslie A. Berkoff | November 24, 2017
Leslie A. Berkoff writes: Over the past six months, cybersecurity attacks have increased around the globe, many of which have specifically impacted the health care industry.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | November 24, 2017
Corporate Insurance Law columnists Howard B. Epstein and Theodore A. Keyes write: Recently, the U.S. District Court for the Eastern District of Wisconsin and the Court of Appeals for the Seventh Circuit issued opinions that addressed the terms of a Reps and Warranties policy governed, according to the policy terms, by New York law.
New York Law Journal | Analysis
By Thomas A. Dickerson | November 22, 2017
Thomas Dickerson writes: This year, the Appellate Division, First Department sought to protect shareholder interests in “merger tax” litigation by enhancing the standards for the approval of disclosure-only class action settlements, and sought to protect employees by declining to enforce an arbitration agreement as violative of the National Labor Relations Act. But that's not all.
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