Special Sections

  • New York Law Journal | Analysis

    Artificial Intelligence in Class Action Litigation

    By James Pastore, Maura Monaghan and Harold Williford | December 8, 2023

    The rapid growth of artificial intelligence has created numerous opportunities for increased efficiency, but that efficiency may create a corresponding risk of increased class action litigation. For example, AI can be deployed to improve the speed of customer interactions with a business, but alleged inaccuracies in AI-generated communications or decisions could give rise to class action consumer protection litigation.

  • New York Law Journal | Analysis

    Juror Attitudes Toward Pharmaceutical Companies

    By Ellen Brickman and Chad Lackey | December 8, 2023

    In February 2023, the DOAR Research Center sought to shed light on changing attitudes toward the pharmaceutical industry by conducting a survey, which questioned respondents on their opinions of the pharmaceutical industry and their COVID-19 experiences. This article highlights the results of the survey.

  • New York Law Journal | Analysis

    Substance Over Form: Application of Anti-SLAPP Statutes in Federal Court

    By Craig Reiser, Eva Yung and Claire Haws | December 8, 2023

    Many states have enacted statutes curtailing lawsuits designed to chill free speech. Known as anti-SLAPP statutes, these laws often include mechanisms to protect defendants from the burdens of litigation—for example, by allowing defendants to obtain a prompt dismissal through a special pre-trial motion, to avoid discovery and to recover their attorneys' fees upon prevailing.

  • New York Law Journal | Analysis

    Revoked Relief Erroneous: ERAP Includes Cooperative Maintenance

    By Michelle P. Quinn | December 8, 2023

    The Emergency Rental Assistance Program was created to provide economic relief to low- and moderate-income households at risk of homelessness due to the pandemic. The program was rushed to meet the immediate threat of evictions due to the COVID shutdowns, and the hastiness of ERAP's creation has led to a wave of litigation, including a recent New York Supreme Court ruling.

  • New York Law Journal | Analysis

    Will the New Safe Harbor Policy Create a Safe Haven for Companies Reporting Misconduct Discovered in M&A?

    By Amy Greer, Christopher Nasson and Anna L'Hommedieu | December 1, 2023

    The U.S. Department of Justice (DOJ) is adding to its toolkit to encourage voluntary self-disclosures in the corporate criminal enforcement space—this time in connection with mergers and acquisitions. Under the new M&A Safe Harbor Policy, such acquiring firms will receive the presumption of a declination, presuming the acquiring company timely self-reports the misconduct, cooperates in the investigation, and engages in appropriate and timely remediation.

  • New York Law Journal | Analysis

    The Importance of the 'How' and the 'Why' in SEC Settlement Penalty Calculations

    By Michael J. Osnato Jr., Meaghan Kelly and Stephanie Hon | December 1, 2023

    SEC settlements are meant to serve a public good by providing clear guidance as to the rules of the road and the consequences of ignoring them. Yet SEC settlements often lack explanation as to how the civil monetary penalties were calculated per the statutory framework or why such penalties were appropriate under the circumstances.

  • New York Law Journal | Analysis

    Voluntary Self-Disclosure Basics: Whether and How To Use It

    By Jolie Apicella | December 1, 2023

    The DOJ's Criminal Division issued three declinations since the issuance of the revised Corporate Enforcement Policy 11 months ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

  • New York Law Journal | Analysis

    Divergent Paths of Crypto Fraud Enforcement: How Three Major U.S. Agencies Police Fraud

    By Arthur Jakoby, Maxim Nowak and Joshua Schoch | December 1, 2023

    Because Congress has failed to enact modern legislation governing crypto assets, the DOJ, SEC and CFTC have been compelled to shoehorn their crypto-related fraud enforcement strategies into distinct schemes that are decades old. Predictably, the outdated and varied methodologies have returned mixed and contradictory results.

  • New York Law Journal | Analysis

    Ten Ways To Know When To Undertake Mediation

    By Robert J. Jossen | November 17, 2023

    When is the best time to undertake mediation of a dispute? In this article, Robert J. Jossen presents 10 observations that can bring light to this complex questions.

  • New York Law Journal | Analysis

    Home Court Statutes: The Silent Forum Selection Assassin

    By Marco Molina, Alexandra L. Trujillo and Shaia Araghi | November 17, 2023

    In the legal industry, little-known statutes with potentially serious consequences slip by unnoticed. This is the case with "home court" statutes, which have the ability to obliterate the forum selection, choice of law and/or arbitration clauses in construction agreements. This article serves as a primer on these statutes so they don't sneak past you in the future.

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