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January 02, 2025 | New York Law Journal

Court of Appeals and Appellate Division As Courts of First Instance

The author writes "Preservation in the court below is the nucleus of appellate practice. But what does the “the court below” mean? Is it limited to Supreme Court, Surrogate’s Court, etc., or can the Appellate Division be the court of first instance for the purposes of preservation? If “the court below” is limited in meaning to Supreme Court, etc., must preservation be complied with even if just as a “technical,” “hollow formality,” “a useless exercise,” where the court is without authority to adjudicate the issue or rather should “the court below,” of necessity, refer to the court that is first capable of rendering a determination of consequence on the issue? Sabine v State, 2024 NY Slip Op 06288 [2024] (Dec. 17, 2024), a matter of first impression, strikes a blow at the historical development of preservation."
18 minute read
January 02, 2025 | New York Law Journal

A Client Is Guilty; But Another Man Is Wrongfully Convicted

This article discusses the key facts of the film Juror No. 2, and how that showcases the issues surrounding juror misconduct and the legal ethics of attorneys engaged in criminal practice.
8 minute read
January 02, 2025 | New York Law Journal

Federal Judge Slaps Down the SEC’s Attempt to Regulate Crypto Liquidity Providers

The authors write "Cryptocurrency traders and decentralized finance (DeFi) participants have an additional thing to be thankful for this year after a district court in the Northern District of Texas struck down a Securities and Exchange Commission (“SEC”) rule redefining who must register as a securities “dealer.”
10 minute read
January 02, 2025 | Corporate Counsel

'True Leadership Is About Putting Others First': 2024 In-House Award Winners Inspired, Took Road Less Traveled

Among the honorees were Don Liu of Target and Sam Khichi of CVS, who immigrated to the United States as children and were determined to make the most of the opportunities their parents provided. As an elementary school student, Khichi worked at his father's dry cleaning store and sold greeting cards door to door.
8 minute read
January 02, 2025 | Pro Mid Market

New York-Based Harris Beach Combines With Connecticut-Based Murtha Cullina, Forming NE Powerhouse

Midsize firms Harris Beach and Murtha Cullina are combining to create a 250-lawyer firm spanning from D.C. to Massachusetts after both client bases grew and demanded more scale.
3 minute read
Law Journal Press | Digital Book New York Attorney Discipline: Practice and Procedure 2024 Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager View this Book

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January 02, 2025 | The American Lawyer

New Year, New Am Law 100: Challenges Await These Newly Merged Law Firms

The months ahead will be some of the most volatile and critical to a law firm combination's success.
7 minute read
January 02, 2025 | New York Law Journal

Judicial Ethics Opinion 24-90

Absent any legal incompatibility in the positions, a village justice may permit the same individual to be employed part-time as a village court clerk and part-time in the village clerk’s office.
2 minute read
December 31, 2024 | New York Law Journal

Health Care Data Breach Class Actions Saw December Surge in NY Courts

One class action was filed against Deloitte Consulting and seven were filed against health care software company Phreesia and its subsidiary, ConnectOnCall.com, in New York federal courts for allegedly failing to protect consumers' protected health information from data breaches.
5 minute read
December 31, 2024 | Daily Business Review

Florida Supreme Court Disbars 3, Suspends 11, Reprimands 1 in Final Disciplinary Order of 2024

The actions were announced by the Florida Bar in its ongoing efforts to uphold professional standards among its more than 113,000 members.
4 minute read
December 31, 2024 | New York Law Journal

NYC’s Oldest Deli Agrees to Update Bathrooms, Entrances to End ADA Charges

The deli has been in operation for over a century and has appeared in various television shows and films, most notably serving as the site for the “I’ll have what she’s having” scene in the romantic comedy "When Harry Met Sally."
4 minute read

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