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January 18, 2024 | New York Law Journal

New York State Legislation Limiting Withholding of Retainage on Private Construction Projects: What Does It Mean for Your Contracts?

On Nov. 17, 2023, Governor Kathy Hochul signed legislation amending New York's General Business Law Sections 756-a and 756-c, known as the Prompt Payment Act, to limit the withholding of retainage on private improvement construction projects. As a result of these amendments, close attention must be paid to contract terms and conditions during contract preparation, review or negotiation.
5 minute read
November 27, 2023 | New York Law Journal

CPLR 3212(b): A Provision That Allows Ambush at Summary Judgment

This article starts with a discussion on the current CPLR 3212(b)'s legislative history and proceeds to an examination of how courts have attempted to harmonize CPLR 3212(b) with CPLR 3101(d)(1)(i) and other procedural rules intended to ensure timely and orderly process, including Commercial Division Rule 13(c), which governs expert disclosure in the commercial part, and CPLR 3126, which addresses the court's discretion in imposing sanctions for violations of a discovery order.
8 minute read
November 17, 2023 | New York Law Journal

Artificial Intelligence in the Dispute Resolution Space: Can Robots Replace the Professionals?

The use of AI is pervading all aspects of the legal profession, and many are questioning the application of AI within each specific practice area. In the dispute resolution space, AI has already been a part of this practice area for some time—but can it replace human mediators?
8 minute read
October 12, 2023 | New York Law Journal

IRC Section 1202: A Calculated Approach To Increase Tax Benefits

Section 1202 of the Internal Revenue Code provides substantial benefits to non-corporate shareholders of certain C corporations. Clients should be aware of the benefits and risks associated with forming or acquiring different types of entities.
6 minute read
September 13, 2023 | Pro Mid Market

Mid-Market Roundup: Some Midsize Firms Are Growing, Others Are Folding

Welcome to Mid-Market Roundup, where our team of regional editors shares the trends, challenges, opportunities and observations emerging in their markets.
8 minute read
Law Journal Press | Digital Book Florida Construction Defect Litigation 2025 Authors: Gary L. Brown View this Book

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September 11, 2023 | New York Law Journal

Good Faith and Financial Distress: Can a Solvent Debtor Have a Valid Reorganizational Purpose?

In the 45 years since the enactment of the Bankruptcy Code, the Chapter 11 process has been successfully used by companies to address and resolve mass tort liabilities. However, what were once considered legitimate uses of Chapter 11 may now be rejected by bankruptcy courts as bad faith filings.
8 minute read
September 10, 2023 | New York Law Journal

Standing of Trust Beneficiaries in Derivative Actions

Since New York case law generally holds that a trustee is the proper party to a suit in conflict situations, the aggrieved trust beneficiary is seemingly without options. Practitioners, however, should be familiar with two exceptions to the general rule in this context—the so-called "double-derivative" standing of a trust beneficiary and "equitable owner" approach to standing. This piece sets forth a brief basis for each theory and strategic considerations when bringing these types of matters.
8 minute read
August 27, 2023 | New York Law Journal

Jack Daniel's Decision Clarifies Balance Between First Amendment and Trademark Rights

This article discusses how the U.S. Supreme Court, in a unanimous decision, vacated a decision by the U.S. Court of Appeals for the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff's trademark.
8 minute read
August 21, 2023 | New York Law Journal

'Gottwald v. Sebert' Sheds Light on 'Public Figure' Claim for Defamation Suit Purposes

The Court of Appeals' recent decision in Gottwald v. Sebert, which took a broader approach to determining who qualifies as a "public figure" for defamation purposes may shed some light on the issue.
6 minute read
August 07, 2023 | New York Law Journal

Is Your Dispute Resolution Process Truly Confidential?

Alternative dispute resolution has many advantages over traditional litigation, including reduced costs, expedited timelines and streamlined processes.…
9 minute read

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