New York Law Journal | Analysis
By Noel L. Hillman | March 15, 2024
Whether one chooses a private mediator from outside the court system or takes advantage of programs like those available in SDNY and EDNY, every litigator has an obligation to their client to at least consider mediation at each major decision point in litigation.
New York Law Journal | Analysis
By David W. Ichel | March 15, 2024
A valuable preparation option for any high-stakes arbitration is the mock arbitration. When done well, the reason it works is that counsel (and client) receives neutral mock arbitrator feedback on every issue that counsel seeks to test.
New York Law Journal | Analysis
By Deanna L. Koestel and Dominique Kilmartin | March 8, 2024
Attorneys often find themselves navigating the delicate balance between advocating for their clients' interests and upholding the integrity of the judicial system. The recent decision by the First Department in '13 E. 124 v. J&M Realty Services, et al.' sheds light on the risks and challenges associated with representing clients with potentially frivolous or nonviable claims.
New York Law Journal | Analysis
By Sharon Lee, Ching-Lee Fukuda and Halley Herbst | March 8, 2024
This article focuses on the split on the inevitable disclosure doctrine and recent developments indicating how New York is likely to come out on the issue.
New York Law Journal | Analysis
By Andrew Goldsmith | March 8, 2024
To promote commercial certainty and avoid a deluge of unnecessary litigation, it is important to have clear, easily applicable standards that govern when and whether tort claims duplicate contract claims impermissibly.
New York Law Journal | Analysis
By Joshua Sohn and Jacob Zucker | March 8, 2024
It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
New York Law Journal | Analysis
By Sophia L. Cahill and Danielle Vrabie | March 8, 2024
In this article, Sophia Cahill and Danielle Vrabie compare the modern-day state of affairs for women litigators in big law and what remains true based upon former Chief Judge Judith Ann Kaye's 1988 lecture on the same topic.
New York Law Journal | Analysis
By Jennifer J. Daniels and Philip N. Yannella | March 1, 2024
In this article, Jennifer J. Daniels and Philip N. Yannella discuss some of the key rules of professional conduct for attorneys to be mindful of in the midst of a breach response.
New York Law Journal | Analysis
By Fizza Khan and Kyle Blair | March 1, 2024
This articles discusses the SEC's proposed cybersecurity rules and their potential impact on registered investment advisors. The authors also provide tips on how to protect against cybersecurity risks for private fund managers, broker/dealers and registered investment advisory firms.
New York Law Journal | Analysis
By Therese Craparo and Sarah Bruno | March 1, 2024
As U.S. regulators begin to enforce the concept of data minimization for the protection of personal information, the age of unfettered data retention is coming to an end. Various states have enacted or will be enacting privacy laws that give consumers more control over the use of their data by businesses.
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