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May 10, 2024 | The Legal Intelligencer

Is It Lay or Expert? Superior Court Has an Opinion (Maybe a Wrong One)

Lay witnesses may not cross a line and give testimony that is "based on scientific, technical, or other specialized knowledge within the scope of Rule 702." That's for experts, and with expert testimony comes discovery obligations such as reports and CVs.
8 minute read
May 10, 2024 | The Legal Intelligencer

DOL's Retirement Security Rule Imposes New Fiduciary Standards on Financial Services, Insurance Industries

Like many recent DOL rules related to retirement investing, the retirement security rule is polarizing and is sure to face significant legal challenges, including from the insurance industry to whom the rule applies a new, heightened duty.
7 minute read
May 10, 2024 | The Recorder

FTC Issues Final Rule Banning Most Noncompetes, but Immediate Legal Challenges Ensue

Employers do not need to not rush to immediately implement changes. Instead, they should allow time for the above litigation to play out over the next few months to see, among other things, if the courts invalidate the final rule or stay it pending the outcome of the litigation and inevitable appeals.
6 minute read
May 10, 2024 | Daily Business Review

A Model, a Billionaire and a Verdict: Both Sides Claim Victory in Miami Feud

"Plaintiff's position that she won is a delusional one," said defense attorney Herman J. Russomanno III.
4 minute read
May 10, 2024 | New York Law Journal

Growing Exterritorial Expansion of RICO

Within months of the Supreme Court's decision in 'Yegiazaryan v. Smagin', a significant number of federal appellate courts applied the new precedent with impressive speed, thoroughness and consistency. In doing so, the Courts of Appeals have expanded the scope of RICO into terrain in which older decisions had not dared to tread.
16 minute read
Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2024 Authors: View this Book

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May 10, 2024 | New York Law Journal

Action Over Unease: What Happens Post-Tender Acceptance?

The primary focus of most litigation in the United States is on the defendant's liability to the plaintiff. In the unique world of New York Labor Law claims, however, risk transfer issues among defendants and third-party defendants often become the main event.
7 minute read
May 10, 2024 | New York Law Journal

Meet the New Boss, Same as the Old Boss: The New Old Independent Contractor Rules

The U.S. Department of Labor's new independent contractor regulations, effective March 11, 2024, replace a previous set of regulations issued under the Trump administration in 2021; however, the new rule is not really new.
8 minute read
May 10, 2024 | New York Law Journal

SEC's Crackdown on AI Washing Has Broad Implications

The SEC has now announced that it has settled its first enforcement actions involving AI. Two investment advisors recently agreed to pay civil fines to the SEC for misstatements about AI technology. This signals a new era of SEC enforcement.
7 minute read
May 10, 2024 | New York Law Journal

Secondary Evidence of Missing Insurance Policies for Child Victims and Adult Survivors Act Claims

The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.
10 minute read
May 10, 2024 | New York Law Journal

Client Guide to Judgment Enforcement

This article describes strategic considerations relating to collection that parties should weigh at the onset of any dispute, and tools that prevailing parties can later use to secure monetary awards. It then presents examples of prevailing parties weighing those considerations and employing those tools to receive what they are owed.
8 minute read

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