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February 15, 2024 | The Recorder

9th Circuit Vacates Arbitration Decision, Citing California High Court's Decision Correcting the Supreme Court

In a California's Private Attorneys General Act case involving a former Lowe's employee, the U.S. Court of Appeals for the Ninth Circuit considered how the California Supreme Court's "Adolph" decision affected nonindividual PAGA claims, and if "Adolph" was inconsistent with the U.S. Supreme Court's "Viking River" ruling.
4 minute read
February 15, 2024 | New York Law Journal

March 25 Is Trial Date for Manhattan Criminal Trial of Donald Trump

Trump is charged with business records fraud in connection with payments made to the adult entertainer Stormy Daniels.
3 minute read
February 15, 2024 | Law.com

Protecting Technology-Assisted Works and Inventions: Where Does Smart Technology End and AI Begin?

At what point does a "smart" computing system, or advanced software program, qualify as AI in the eyes of pertinent regulatory or judicial authorities? When is an individual considered to have merely deployed an AI-based computing tool to assist with creating a work of art or conceiving of a technological innovation? Each of these questions is explored in this article, giving consideration to currently prevailing guidelines from administrative bodies and the courts.
11 minute read
February 15, 2024 | Corporate Counsel

Longtime Dell Attorney Joins UnitedLex as First GC

CEO James Schellhase praised Renee Meisel, saying she "has built a career simplifying complicated legal issues into business-enabling operational solutions in both startups and global Fortune 500 companies."
2 minute read
February 15, 2024 | New York Law Journal

Unregistered Foreign Business Entities 'Doing Business' in New York and Their Right To Sue

In New York state, business entities formed or incorporated outside New York that meet the criteria of "doing business" in New York are classified as foreign business entities and are required to register to do business in New York. Both the New York BCL and the New York LLC Law provide that, without registering in New York, a foreign business entity does not have the legal capacity to bring suit in any New York state courts, although it can be sued in New York.
10 minute read
Law Journal Press | Digital Book New York Employment Law 2023 Authors: Daniel A. Cohen, Joshua Feinstein View this Book

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February 15, 2024 | New York Law Journal

Removing a Child: A Painfully Imperfect Calculation

There are too many instances of child welfare officials leaving children with their families when later catastrophic events suggest that a removal from that environment could have been protective, or even life-saving. However, the opposite is also true. And then, there are many cases when a child protective services worker is truly not sure what to do, but the system "errs on the side of caution" and removes a child from their family anyway.
6 minute read
February 15, 2024 | New York Law Journal

Settlement Agreement Enforceable in Absence of Written Agreement

While working toward a settlement, it is common for parties to email proposed terms and settlement amounts without necessarily expecting that their communications will be enforceable. 'Elysium Health v. ChromaDex' illustrates that settlement terms can be enforceable without a formal, executed agreement if the parties express mutual assent and intention to be bound.
7 minute read
February 15, 2024 | New York Law Journal

SDNY Breaks With Tradition in New Whistleblower Pilot Program

A discussion of the SDNY's Whistleblower Pilot Program which is designed to encourage early, voluntary disclosure of criminal conduct by individual participants in non-violent offenses involving fraud and public corruption.
7 minute read
February 15, 2024 | New Jersey Law Journal

Amazon Named in Product Liability Claim Over Eye Drops Contaminated With Rare Bacteria

This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
4 minute read
February 15, 2024 | The Legal Intelligencer

How to Identify When an Employee Benefits Plan Discriminates on the Basis of Gender Identity

This article will focus mainly on Section 1557 of the Affordable Care Act (ACA), which prohibits health insurance plans from discriminating against beneficiaries on the bases of race, sex, age and disability.
6 minute read

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